Drago v. Department of Highway Safety & Motor Vehicles

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DARBY DRAGO, ) ) Petitioner, ) ) v. ) ) DEPARTMENT OF HIGHWAY ) SAFETY AND MOTOR VEHICLES, ) ) Respondent. ) ________________________________ ) Case No. 2D15-3787 Opinion filed January 6, 2016. Petition for Writ of Certiorari to the Circuit Court for the Tenth Judicial Circuit for Polk County; sitting in its appellate capacity. N. Anthony Palumbo, III of Isaak Law, PLLC, Tampa, for Petitioner. Stephen D. Hurm, General Counsel, and Jason Helfant, Senior Assistant General Counsel of the Department of Highway Safety and Motor Vehicles, for Respondent. PER CURIAM. The petition for writ of certiorari is granted to the extent that the circuit court's order remanding the case to the lower tribunal is quashed. The circuit court shall determine the merits of the petition for certiorari seeking review of the order of the Department of Highway Safety and Motor Vehicles. The petition is denied in all other respects. Petition denied in part and granted in part. ALTENBERND, NORTHCUTT, and SLEET, JJ., Concur. -2-

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