State, Department of Highway Safety & Motor Vehicles v. Lopez

Petitioner Florida Department of Highway Safety and Motor Vehicles (“DMV”) issued a final order on June 30, 2015, that suspended the driving privileges of Respondent Juan Jose Lopez. Pursuant to section 322.31 of the Florida Statutes, Lopez had thirty days to challenge this final order by filing a petition for writ of certio-rari with the circuit court. Thirty-six days later, on August 5, 2015, Lopez filed his petition in Miarai-Dade Circuit Court.

DMV filed a motion to dismiss Lopez’s petition, asserting that the circuit court was without jurisdiction to consider Lopez’s petition. In its…