DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, PETITIONER,
v.
ROBERT LAZZOPINA, RESPONDENT
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GRIFFIN, J.
The State of Florida, Department of Highway Safety and Motor Vehicles [“Department”] seeks certiorari review of a decision of the Eighteenth Judicial Circuit overturning the Department’s suspension of Robert Lazzopina’s [“Lazzopina”] driver’s license for driving under the influence. The issues raised are controlled by a series of recent opinions of this court quashing the decisions on which Lazzopina has relied in support of the circuit court’s decision. Department of Highway Safety & Motor Vehicles v. Russell, 793 So. 2d 1073 (Fla. 5th DCA 2001); Department of Highway Safety & Motor Vehicles v. Mowry, 794 So. 2d 657 (Fla. 5th DCA 2001); Department of Highway Safety & Motor Vehicles v. Cochran, 798 So. 2d 761 (Fla. 5th DCA 2001). We likewise quash the circuit court’s decision and remand. WRIT GRANTED; DECISION QUASHED.
HARRIS and PETERSON, JJ., concur.
GRIFFIN, J.
Respondent has filed a motion for rehearing directed at this court’s previously-issued opinion, urging that the cited authorities do not necessarily dictate affir-mance of the hearing officer’s decision. Finding merit to the motion, we accordingly clarify our earlier opinion by explaining that the circuit court, on remand, shall reconsider the petition, in particular, Argument III, in light of these authorities.
HARRIS and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dep't of Hwy. Safety & Motor Vehicles v. Berne, 49 So. 3d 779 (Fla. 5th DCA 2010)…Safety and Motor Vehicles v. Falcone, 983 So. 2d 755, 756 (Fla. 2d DCA 2008); Dep’t of Highway Safety & Motor Vehicles v. Patrick, 895 So. 2d 1131, 1133 (Fla. 5th DCA 2005); Alliston at 143-44; Dep't of Highway Safety & Motor Vehicles v. Lazzopina, 807 So. 2d 77, 77 (Fla. 5th DCA 2001); Dep't of Highway Safety & Motor Vehicles v. Neff, 804 So. 2d 519, 520 (Fla. 5th DCA 2001); Dehart at 1080; Dep't of Highway Safety & Motor Vehicles v. Cochran, 798 So. 2d 761, 762 (Fla. 5th DCA 2001); Mowry at 658; Russell,…
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Dep't of Hwy. Safety & Motor Vehicles v. Neff, 804 So. 2d 519 (Fla. 5th DCA 2001)…frey Neff and James Lamb. We grant the petition and quash the order of the circuit court. In the last six months we have granted certiorari review in cases of this nature on six occasions: Department of Highway Safety & Motor Vehicles v. Lazzopina, 807 So. 2d 77 (Fla. 5th DCA 2001); Department of Highway Safety & Motor Vehicles v. Dehart, 799 So. 2d 1079, (Fla. 5th DCA 2001); Department of Highway Safety & Motor Vehicles v. Fiorenzo, 795 So. 2d 1128 (Fla. 5th DCA 2001); Department of Highway Safety & Motor…
Authorities Cited
- Dep't of Hwy. Safety & Motor Vehicles v. Mowry, 794 So. 2d 657 (Fla. 5th DCA 2001)
- Dep't of Hwy. Safety & Motor Vehicles v. Russell, 793 So. 2d 1073 (Fla. 5th DCA 2001)
- Dep't of Hwy. Safety & Motor Vehicles v. Cochran, 798 So. 2d 761 (Fla. 5th DCA 2001)