MICHAEL MORGANSTEIN
v.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

Fla. 4th DCA | 2021-09-15
No. 21-1876
Robinson
Florida District Court of Appeal, Fourth District (2021)

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Holding

Second-tier certiorari review of a circuit court decision quashing a license suspension shall be denied when the decision is inconsistent with established case law.


Headnotes

[1] When a circuit court decision on license suspension conflicts with established appellate precedent, second-tier certiorari review may be denied while certifying the confl…

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Facts & Procedural History

Petitioner Morganstein sought second-tier certiorari review of a circuit court order that quashed his driver's license suspension. The circuit court r…

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Opinion of the Court

Heather Rose Cramer, Palm Beach Gardens, for petitioner. No response filed for respondent. PER CURIAM.

Petitioner seeks second-tier certiorari review of a circuit court order quashing his license suspension and remanding for a further hearing. As we did in Cordaro v. Department of Highway Safety & Motor Vehicles, No. 4D21-1766, 2021 WL 3744415 (Fla. 4th DCA Aug. 25, 2021), we deny the petition and certify conflict with McLaughlin v. Department of Highway Safety & Motor Vehicles, 128 So. 3d 815 (Fla. 2d DCA 2012).

Petition denied. Conflict certified.

CONNER, C.J., WARNER and LEVINE, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.


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