Legal Opinion
State, Department of Highway Safety v. Baird
District Court of Appeal of Florida
Decided September 16, 2015No. 3D15-1199PublishedCited by 1 opinion
1Opinion of the CourtSuarez, C.J.
The Department of Highway Safety and Motor Vehicles (“DHS”) petitions for a writ of certiorari to quash the trial court’s reversal of the suspension of Respondent Joseph S. Baird’s driver’s license. We grant the petition finding that the trial court, acting in its appellate capacity, applied the wrong law and substituted its judgment for that of the hearing officer. Miami-Dade County v. Omnipoint Holdings, Inc., 863 So.2d 195, 199 (Fla.2003), quoting, Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523, 530 (Fla.1995); Dep’t of High. Saf. Motor Veh. v. DeGroot, 971 So.2d 237 (Fla. 2d DCA 2008).
FAC…
2Cases cited13 opinions
- Haines City Community Dev. v. HeggsSupreme Court of Florida · 1995
- Broward County v. GBV Intern., Ltd.Supreme Court of Florida · 2001
- Miami-Dade County v. Omnipoint Holdings, Inc.Supreme Court of Florida · 2003
- Jackson v. StateSupreme Court of Florida · 1989
- Dusseau v. Metropolitan Dade County Board of County CommissionersSupreme Court of Florida · 2001
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3Cited by1 opinion
- Dept. of Highway Safety and Motor Vehicles v. SperbergDistrict Court of Appeal of Florida · 2018