Dep't of Highway Safety & Motor Vehicles v. Lanning

Full title: DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Gregory R…

Court: District Court of Appeal of Florida, First District.

Date published: Feb 20, 2015

156 So. 3d 533 (Fla. Dist. Ct. App. 2015)

Opinion

No. 1D14–2193.

2015-02-20

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Gregory R. LANNING, Respondent.

Petition for Writ of Certiorari—Original Jurisdiction. Stephen D. Hurm, General Counsel, and Damaris Reynolds, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, Tallahassee, for Petitioner. L. Lee Lockett of Stone Lockett, PA, Jacksonville Beach, for Respondent.

PER CURIAM.

Petition for Writ of Certiorari—Original Jurisdiction.
Stephen D. Hurm, General Counsel, and Damaris Reynolds, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, Tallahassee, for Petitioner. L. Lee Lockett of Stone Lockett, PA, Jacksonville Beach, for Respondent.
PER CURIAM.

The Department of Highway Safety and Motor Vehicles petitions this court to quash an order of the circuit court which overturned a hearing officer's order suspending the driver's license of respondent Gregory Lanning pursuant to section 322.2615, Florida Statutes. We find that the trial court improperly reweighed the evidence concerning substantial compliance with Rule 11D–8.007(3), Florida Administrative Code. By doing so, the circuit court applied the wrong law. See Dep't of Highway Safety & Motor Vehicles v. Wiggins, 151 So.3d 457 (Fla. 1st DCA 2014). We, therefore, grant the petition and quash the circuit court's order and remand with direction that the circuit court follow the correct law. WOLF, BENTON, and MAKAR, JJ., concur.