THE STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, PETITIONER,
v.
JUAN JOSE LOPEZ, RESPONDENT
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The thirty-day deadline to challenge a license suspension is jurisdictional, and a late filing deprives the circuit court of jurisdiction.
The DMV suspended Lopez's driver's license. Lopez filed a petition for writ of certiorari 36 days later, exceeding the 30-day statutory deadline. The …
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Petitioner Florida Department of Highway Safety and Motor Vehicles (“DMV”) issued a final order on June 30, 2015, that suspended the driving privileges of Respondent Juan Jose Lopez. Pursuant to *96section 322.31 of the Florida Statutes, Lopez had thirty days to challenge this final order by filing a petition for writ of certio-rari with the circuit court. Thirty-six days later, on August 5, 2015, Lopez filed his petition in Miarai-Dade Circuit Court.
DMV filed a motion to dismiss Lopez’s petition, asserting that the circuit court was without jurisdiction to consider Lopez’s petition. In its unelaborated order, entered on November 25, 2015, the circuit court denied DMV’s motion to dismiss. On December 15, 2015, DMV filed a petition for writ of prohibition with this Court, to prevent the circuit court from exercising jurisdiction to review Lopez’s petition.
We grant DMV’s petition for writ of prohibition. State of Fla., Dep’t of Highway Safety & Motor Vehicles v. Melendez, 132 So.3d 1237 (Fla. 3d DCA 2014) (Mem) (holding that the thirty-day filing deadline is jurisdictional in nature).
Petition granted. We withhold issuance of the writ upon the understanding that the circuit court appellate division will dismiss Lopez’s petition for writ of certiorari.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Scott v. Francati, 214 So. 3d 742 (Fla. 1st DCA 2017)…plaint because a similar action was still pending in a Missouri court). Second, prohibition is appropriate when the circuit court attempts to proceed in a case when it has lost jurisdiction. State, Dep’t of Highway Safety & Motor Vehicles v. Lopez, 188 So. 3d 95 (Fla. 3d DCA 2016) (granting a writ of prohibition where the trial court lost jurisdiction over a case after the plaintiff failed to challenge a ruling within the statutory timeframe); Travelers Cas. & Sur. Co. of Am. v. Culbreath Isles Prop. Owners…
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Stokes v. Jones (Fla. 1st DCA 2021)…bition may be granted when a trial court acts outside of its jurisdiction” and “is appropriate when a circuit court attempts to proceed in a case when it has lost jurisdiction.” (first citing State, Dep’t of Highway Safety & Motor Vehicles v. Lopez, 188 So. 3d 95 (Fla. 3d DCA 2016) then citing Travelers Cas. & Sur. Co. of Am. v. Culbreath Isles Prop. Owners Ass’n, 103 So. 3d 896 (Fla. 2d DCA 2012))); see also Fla. Dep’t of Health v. Tropiflora, LLC, 265 So. 3d 673, 675 (Fla. 1st DCA 2019). While prohibition…
Authorities Cited
- State v. Melendez, 132 So. 3d 1237 (Fla. 3d DCA 2014)