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DEPARTMENT OF HIGHWAY SAFETY v. AUSTER

No. 5D10-1932.

52 So.3d 802 (2010)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Michelle AUSTER, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 25, 2011.

Attorney(s) appearing for the Case

Robin Lotane , General Counsel, Michael J. Alderman , Acting General Counsel, and Heather Rose Cramer , Assistant General Counsel, Department of Highway Safety and Motor Vehicles, Lake Worth, for Petitioner.

David H. Novack , of Jaeger and Blankner, Orlando, for Respondent.

EVANDER, J.

Petitioner, Department of Highway Safety and Motor Vehicles (DHSMV), seeks second-tier certiorari review of a decision of the circuit court sitting in its appellate capacity pursuant to section 322.2615(13), Florida Statutes (2008). The circuit court granted Respondent Michelle Auster's petition for writ of certiorari and quashed an order of the DHSMV hearing officer which had upheld the suspension of Auster's...

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