Opinion
Case No. 5D01-1301.
Opinion filed October 19, 2001. Opinion on Rehearing February 15, 2002.
Petition for Certiorari Review of Decision from the Circuit Court for Seminole County, Acting in its Appellate Capacity.
Enoch J. Whitney, General Counsel, and Michael J. Alderman, Assistant General Counsel, Tallahassee, for Petitioner.
Stuart I. Hyman, of Stuart I. Hyman, P.A., Orlando, for Respondent.
The State of Florida, Department of Highway Safety and Motor Vehicles ["Department"] seeks certiorari review of a decision of the Eighteenth Judicial Circuit overturning the Department's suspension of Robert Lazzopina's ["Lazzopina"] driver's license for driving under the influence. The issues raised are controlled by a series of recent opinions of this court quashing the decisions on which Lazzopina has relied in support of the circuit court's decision. Department of Highway Safety Motor Vehicles v. Russell, 26 Fla. L. Weekly D1893 (Fla. 5th DCA Aug. 3, 2001); Department of Highway Safety Motor Vehicles v. Mowry, 26 Fla. L. Weekly D1773 (Fla. 5th DCA July 20, 2001) ; Department of Highway Safety Motor Vehicles v. Cochran, No. 01-506 (Fla. 5th DCA Aug. 10, 2001). We likewise quash the circuit court's decision and remand.
WRIT GRANTED; DECISION QUASHED.
HARRIS and PETERSON, JJ., concur.