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Winkel v. Dept. Highway Safety

District Court of Appeal of Florida, Fifth District
Nov 18, 2011
74 So. 3d 585 (Fla. Dist. Ct. App. 2011)

Opinion

No. 5D11–1876.

2011-11-18

Jason Matthew WINKEL, Petitioner, v. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Respondent.

Petition for Certiorari Review of Decision from the Circuit Court for Brevard County Acting in its Appellate Capacity.William M. Winkel, West Palm Beach, in proper person. Stephen D. Hurm, General, Counsel, and Richard M. Coln, Assistant General, Counsel, Orlando, for Respondent.


Petition for Certiorari Review of Decision from the Circuit Court for Brevard County Acting in its Appellate Capacity.William M. Winkel, West Palm Beach, in proper person. Stephen D. Hurm, General, Counsel, and Richard M. Coln, Assistant General, Counsel, Orlando, for Respondent.

PER CURIAM.

Petitioner seeks certiorari review of an order of the circuit court, sitting in its appellate capacity, that dismissed his appeal of the suspension of his driver's license for refusing to submit to a breath test. The circuit court dismissed Petitioner's appeal due to his untimely attempt to comply with a court order to show cause. Because Petitioner's omission did not justify dismissal, the circuit court departed from the essential requirements of the law. Krebs v. State, 588 So.2d 38 (Fla. 5th DCA 1991).

Accordingly, we quash the order dismissing the appeal.

PETITION GRANTED.

TORPY, EVANDER and COHEN, JJ., concur.


Summaries of

Winkel v. Dept. Highway Safety

District Court of Appeal of Florida, Fifth District
Nov 18, 2011
74 So. 3d 585 (Fla. Dist. Ct. App. 2011)
Case details for

Winkel v. Dept. Highway Safety

Case Details

Full title:JASON MATTHEW WINKEL, Petitioner, v. DEPARTMENT OF HIGHWAY SAFETY AND…

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 18, 2011

Citations

74 So. 3d 585 (Fla. Dist. Ct. App. 2011)