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STATE DEPT. OF HIGHWAY SAFETY AND MOTOR VEH. v. SAXLEHNER

No. 3D11-3305.

96 So.3d 1002 (2012)

STATE of Florida DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Andrew C. SAXLEHNER, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 13, 2012.

Attorney(s) appearing for the Case

Jason Helfant , Lake Worth, Assistant General Counsel, for petitioner.

S. Lee Kaufman , for respondent.

Before SALTER, EMAS and FERNANDEZ, JJ.

EMAS, J.

In this second-tier certiorari review, the State of Florida, Department of Highway Safety and Motor Vehicles ("the Department") petitions this court for a writ of certiorari. The Department asserts that the circuit court, in its appellate capacity, departed from the essential requirements of law in granting Andrew Saxlehner's petition for writ of certiorari and reversing the Department's order sustaining the suspension of Saxlehner's driver's license. For...

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