Florida District Courts of Appeal, 2012

McLaughlin v. Department of Highway Safety & Motor Vehicles

Florida District Courts of Appeal · Decided March 9, 2012 · Altenbernd, Silberman, Wallace

128 So. 3d 815; 2012 WL 752355; 2012 Fla. App. LEXIS 3776 (Southern Reporter, Third Series)

Cases that cite this one

9 later published cases cite this decision.

Forth v. Department of Highway Safety & Motor Vehicles (Fla. Dist. Ct. App. 2014)
Ferrei v. Department of Highway Safety & Motor Vehicles (Fla. Dist. Ct. App. 2014)
Nils Futch v. Florida Department of Highway Safety and Motor Vehicles (Fla. 2016)
Department of Highway Safety & Motor Vehicles v. Gaputis (Fla. Dist. Ct. App. 2014)
JOSEPH CORDARO v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, ETC. (Fla. Dist. Ct. App. 2021)
MICHAEL MORGANSTEIN v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES (Fla. Dist. Ct. App. 2021)
Hosey v. Dep't of Highway Safety and Motor Vehicles (Fla. Dist. Ct. App. 2014)
Hosey v. Department of Highway Safety & Motor Vehicles (Fla. Dist. Ct. App. 2014)
Lawrence v. Department of Highway Safety & Motor Vehicles (Fla. Dist. Ct. App. 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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 certio-rari relief from an administrative decision upholding Mr. McLaughlin’s driver’s license suspension under section 322.2615(l)(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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.