Legal Opinion

Department of Highway Safety & Motor Vehicles v. Futch

District Court of Appeal of Florida

Decided July 3, 2014No. 5D13-3457PublishedCited by 3 opinions

1Opinion of the CourtBerger, J.

The Department of Highway Safety and Motor Vehicles (DHSMV) seeks second tier certiorari review of a circuit court order granting Respondent, Nils Futch’s petition for writ of certiorari and quashing DHSMVs administrative order affirming the suspension of Futch’s driver’s license. DHSMV argues that the circuit court departed from the essential requirements of law when it ordered the department to reinstate Futch’s license rather than remand the matter to the hearing officer for further proceedings. We agree and grant the petition.

In March 2013, Futch was arrested for driving under the…

2Cases cited13 opinions

  1. Broward County v. GBV Intern., Ltd.Supreme Court of Florida · 2001
  2. DEPT. OF HIGHWAY SAFETY v. PittsDistrict Court of Appeal of Florida · 2002
  3. STATE, DEPT. OF HIGHWAY SAFETY v. ChamizoDistrict Court of Appeal of Florida · 2000
  4. Tynan v. DEPARTMENT OF HIGHWAY SAFETYDistrict Court of Appeal of Florida · 2005
  5. Department of Transp. v. BairdDistrict Court of Appeal of Florida · 2008

8 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Nils Futch v. Florida Department of Highway Safety and Motor VehiclesSupreme Court of Florida · 2016
  2. Department of Highway Safety & Motor Vehicles v. ClayDistrict Court of Appeal of Florida · 2014
  3. Nils Futch v. Florida Department of Highway Safety and Motor VehiclesSupreme Court of Florida · 2016

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