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McLaughlin v. Dep't of Highway Safety & Motor Vehicles

District Court of Appeal of Florida, Second District.
Mar 9, 2012
128 So. 3d 815 (Fla. Dist. Ct. App. 2012)

Summary

In McLaughlin, the second district quashed a circuit court order denying certiorari relief from an administrative decision upholding a license suspension, based on the supreme court's decision in Florida Department of Highway Safety and Motor Vehicles v. Hernandez, 74 So.3d 1070 (Fla.2011).

Summary of this case from Gordon v. State

Opinion

No. 2D07–4891.

2012-03-9

George F. McLAUGHLIN, Petitioner, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Respondent.

Petition for Writ of Certiorari to the Circuit Court for the Tenth Judicial Circuit for Polk County; sitting in its appellate capacity. Tony C. Dodds, Lakeland, for Petitioner. Steve Hurm, General Counsel, and Heather Rose Cramer, Assistant General Counsel, Lake Worth, for Respondent.


Petition for Writ of Certiorari to the Circuit Court for the Tenth Judicial Circuit for Polk County; sitting in its appellate capacity.
Tony C. Dodds, Lakeland, for Petitioner. Steve Hurm, General Counsel, and Heather Rose Cramer, Assistant General Counsel, Lake Worth, for Respondent.

ON REMAND FROM THE SUPREME COURT OF FLORIDA


WALLACE, Judge.

This matter is before us on remand from the Supreme Court of Florida following its decision in Florida Department of Highway Safety & Motor Vehicles v. Hernandez, 74 So.3d 1070 (Fla.2011), quashing our decision in McLaughlin v. Department of Highway Safety & Motor Vehicles, 2 So.3d 988 (Fla. 2d DCA 2008). In compliance with the supreme court's mandate, we have reconsidered Mr. McLaughlin's petition for second-tier certiorari review of the circuit court's order, which denied certiorari relief from an administrative decision upholding Mr. McLaughlin's driver's license suspension under section 322.2615(1)(a), Florida Statutes (2006), for failing to submit to a breath, blood, or urine test in connection with his arrest for driving under the influence. In accordance with the supreme court's mandate, we grant Mr. McLaughlin's petition, quash the circuit court's order denying certiorari relief, and remand for further proceedings.

Although we are quashing the circuit court's order, we observe as we did in our prior order that the Department suspended Mr. McLaughlin's driver's license for a period of one year on January 7, 2007. Thus the suspension period expired while this matter was on review. Accordingly, other than quashing the administrative order, no further proceedings are necessary on remand because the issue of the validity of the suspension of Mr. McLaughlin's driver's license is moot.

Petition granted; order quashed. SILBERMAN, C.J., and ALTENBERND, J., Concur.


Summaries of

McLaughlin v. Dep't of Highway Safety & Motor Vehicles

District Court of Appeal of Florida, Second District.
Mar 9, 2012
128 So. 3d 815 (Fla. Dist. Ct. App. 2012)

In McLaughlin, the second district quashed a circuit court order denying certiorari relief from an administrative decision upholding a license suspension, based on the supreme court's decision in Florida Department of Highway Safety and Motor Vehicles v. Hernandez, 74 So.3d 1070 (Fla.2011).

Summary of this case from Gordon v. State

noting that when the Department administratively suspends a driver's license, and the suspension period expires while a matter is under review but the department seeks further formal administrative hearings, the circuit court should quash the administrative order, rather than quash and remand for further proceedings; “no further proceedings are necessary on remand because the issue of the validity of the suspension of driver's license is moot”

Summary of this case from Dep't of Highway Safety & Motor Vehicles v. Gaputis

noting that when the Department administratively suspends a driver's license, and the suspension period expires while a matter is under review but the department seeks further formal administrative hearings, the circuit court should quash the administrative order, rather than quash and remand for further proceedings; “no further proceedings are necessary on remand because the issue of the validity of the suspension of driver's license is moot”

Summary of this case from Dep't of Highway Safety & Motor Vehicles v. Gaputis
Case details for

McLaughlin v. Dep't of Highway Safety & Motor Vehicles

Case Details

Full title:George F. McLAUGHLIN, Petitioner, v. DEPARTMENT OF HIGHWAY SAFETY AND…

Court:District Court of Appeal of Florida, Second District.

Date published: Mar 9, 2012

Citations

128 So. 3d 815 (Fla. Dist. Ct. App. 2012)

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