DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES v. SMITH

No. 96-2849.

687 So.2d 30 (1997)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Julie McCaskill SMITH, Respondent.

District Court of Appeal of Florida, First District.

January 6, 1997.


Attorney(s) appearing for the Case

Michael J. Alderman, Tallahassee, for Petitioner.

David M. Robbins, of Epstein and Robbins, Jacksonville, for Respondent.


KAHN, Judge.

The Department of Highway Safety and Motor Vehicles (Department) seeks a writ of certiorari to quash the circuit court's order granting certiorari and reversing the Department's suspension of Respondent Smith's driver's license. We grant the Department's petition because Smith's petition for certiorari in the circuit court was insufficient as a matter of law and, on the merits, the trial court applied the wrong standard of review.

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