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FULLER v. TRUNCALE

No. 1D10-3240.

50 So.3d 25 (2010)

Honorable Jim FULLER, as the Clerk of Courts for the Fourth Judicial Circuit in and for Duval County, Florida, Petitioner, v. Charles J. TRUNCALE, on his own behalf and on behalf of all those similarly situated, and The City of Jacksonville, a political subdivision of the State of Florida, Respondents.

District Court of Appeal of Florida, First District.

Rehearing Denied December 15, 2010.

Attorney(s) appearing for the Case

David J. D'Agata , Assistant General, Counsel, Office of General Counsel, Jacksonville, for Petitioner.

George G. Mahfood , of Broad and Cassel, Miami; Carl H. Lida , Plantation; Beverly A. Pohl, P.A., of Broad and Cassel, Fort Lauderdale; and A. Russell Smith , Jacksonville, for Respondents.

HAWKES, C.J.

Petitioner Jim Fuller—Clerk of Courts for the Fourth Judicial Circuit—has petitioned this Court to quash a trial court order denying his motion to dismiss a class action. The class action was brought against Fuller in his official capacity by cited drivers who claimed he acted improperly by recommending to the DMV that their licenses be suspended without first scheduling a court hearing. In the motion to dismiss, Fuller claimed judicial...

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