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MARTINEZ v. STATE EX REL. DPS

No. 107323. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2.

229 P.3d 584 (2010)

2010 OK CIV APP 11

Nicholas E. MARTINEZ, Plaintiff/Appellee, v. STATE of Oklahoma ex rel. DEPARTMENT OF PUBLIC SAFETY, Defendant/Appellant.

Court of Civil Appeals of Oklahoma, Division No. 2.

December 30, 2009.

Attorney(s) appearing for the Case

Gordon R. Melson, Seminole, OK, for Plaintiff/Appellee.

Brian K. Morton, Assistant General Counsel, Department of Public Safety, Oklahoma City, OK, for Defendant/Appellant.

JANE P. WISEMAN, Vice Chief Judge.

¶ 1 State of Oklahoma ex rel. Department of Public Safety (DPS) appeals the trial court's order denying DPS's motion for new trial after having entered an order directing DPS to permit an administrative hearing on a notice of revocation of a driver's license issued to Nicholas E. Martinez (Plaintiff). Based on our review of the facts and law, we affirm.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 On October 31, 2008, the Asher Police Department...

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