JUSTIN ECHTERNACH, PETITIONER,
v.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, RESPONDENT
JUSTIN ECHTERNACH, PETITIONER,
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, RESPONDENT
119 So. 3d 467
Florida District Court of Appeal, Second District (2013)
Positive Treatment
Cited by 2 cases
Topics
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Opinion of the Court
Justin Echternach’s petition for second-tier writ of certiorari is denied. See Dep’t of Highway Safety & Motor Vehicles v. Robinson, 93 So.3d 1090 (Fla. 2d DCA 2012). However, as we did in Robinson and subsequently in Department of Highway Safety & Motor Vehicles v. Ramnarine, 104 So.3d 1144 (Fla. 2d DCA 2012), we certify the following question of great public importance to the supreme court pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v):
WHEN A SUSPENDEE SEEKS FORMAL REVIEW OF A DRIVER’S LICENSE SUSPENSION PURSUANT TO SECTION 322.2615(a), FLORIDA STATUTES, IS IT A VIOLATION OF DUE PROCESS TO SUSPEND THE LICENSE AFTER A SUBPOENAED WITNESS FAILS TO APPEAR AND THE SUSPENDEE CANNOT ENFORCE THE SUBPOENA WITHIN THE STATUTORILY MANDATED THIRTY-DAY PERIOD FOR FORMAL ADMINISTRATIVE REVIEW?
Petition denied.
SILBERMAN, C.J., and CRENSHAW, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dep't of Hwy. Safety & Motor Vehicles v. Corcoran, 133 So. 3d 616 (Fla. 5th DCA 2014)…na within the "statutorily mandated thirty-day period for formal administrative review.” If the argument had been raised, we would not have hesitated in answering the question in the negative. See also Echternach v. Dep’t of High. Saf. & Motor Veh., 119 So. 3d 467 (Fla. 2d DCA 2013); Dep’t of High. Saf. v. Ramnarine, 104 So. 3d 1144 (Fla. 2d DCA 2012).…
Authorities Cited
- Dep't of Hwy. Safety & Motor Vehicles v. Robinson, 93 So. 3d 1090 (Fla. 2d DCA 2012)
- Dep't of Hwy. Safety & Motor Vehicles v. Ramnarine, 104 So. 3d 1144 (Fla. 2d DCA 2012)