5D01-1301 Dept. Hwy Safety v.Azzopina

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-1301

Case Date: 02/11/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, BUREAU OF DRIVER IMPROVEMENT, Petitioner, v. ROBERT LAZZOPINA, Respondent. ______________________________/ Opinion filed 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. ON MOTION FOR REHEARING GRIFFIN, J. Respondent has filed a motion for rehearing directed at this court's previously issued opinion, urging that the cited authorities do not necessarily dictate affirmance of the hearing officer's decision. Finding merit to the motion, we accordingly clarify our earlier opinion by explaining that the circuit court, on remand, shall reconsider the petition, in particular, Argument III, in light of these authorities. CASE NO. 5D01-1301

HARRIS and PETERSON, JJ., concur.

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