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DHSMV v. FUTCH

No. 5D13-3457.

142 So.3d 910 (2014)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Nils FUTCH, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 22, 2014.

Attorney(s) appearing for the Case

Stephen D. Hurm , General Counsel, and Kimberly Gibbs , Assistant General Counsel, of Department of Highway Safety and Motor Vehicles, Orlando, for Petitioner.

Eric A. Latinsky , of Damore, Delgado, Romanik & Rawlins, Daytona Beach, for Respondent.

BERGER, J.

The Department of Highway Safety and Motor Vehicles (DHSMV) seeks second tier certiorari review of a circuit court order granting Respondent, Nils Futch's petition for writ of certiorari and quashing DHSMV's administrative order affirming the suspension of Futch's driver's license. DHSMV argues that the circuit court departed from the essential requirements of law when it ordered the department to reinstate Futch's license rather than remand the matter...

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