Florida District Courts of Appeal, 2001

Department of Highway Safety & Motor Vehicles v. Lazzopina

Department of Highway Safety & Motor Vehicles v. Lazzopina
Florida District Courts of Appeal · Decided October 19, 2001 · Griffin, Harris, Peterson
807 So. 2d 77; 2001 Fla. App. LEXIS 14874; 2001 WL 1245086 (Southern Reporter, Second Series)

Department of Highway Safety & Motor Vehicles v. Lazzopina

Opinion of the Court

GRIFFIN, J.

The State of Florida, Department of Highway Safety and Motor Vehicles [“Department”] seeks certiorari review of a decision of the Eighteenth Judicial Circuit overturning the Department’s suspension of Robert Lazzopina’s [“Lazzopina”] driver’s license for driving under the influence. The issues raised are controlled by a series of recent opinions of this court quashing the decisions on which Lazzopina has relied in support of the circuit court’s decision. Department of Highway Safety & Motor Vehicles v. Russell, 793 So.2d 1073 (Fla. 5th DCA 2001); Department of Highway Safety & Motor Vehicles v. Mowry, 794 So.2d 657 (Fla. 5th DCA 2001); Department of Highway Safety & Motor Vehicles v. Cochran, 798 So.2d 761 (Fla. 5th DCA 2001). We likewise quash the circuit court’s decision and remand.

*78WRIT GRANTED; DECISION QUASHED.

HARRIS and PETERSON, JJ., concur.

070rehearing

ON MOTION FOR REHEARING

GRIFFIN, J.

Respondent has filed a motion for rehearing directed at this court’s previously-issued opinion, urging that the cited authorities do not necessarily dictate affir-mance of the hearing officer’s decision. Finding merit to the motion, we accordingly clarify our earlier opinion by explaining that the circuit court, on remand, shall reconsider the petition, in particular, Argument III, in light of these authorities.

HARRIS and PETERSON, JJ., concur.

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