IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
DEPARTMENT OF HIGHWAY NOT FINAL UNTIL TIME EXPIRES TO
SAFETY AND MOTOR FILE MOTION FOR REHEARING AND
VEHICLES, DISPOSITION THEREOF IF FILED
Petitioner, CASE NO. 1D14-2193
v.
GREGORY R. LANNING,
Respondent.
___________________________/
Opinion filed January 2, 2015.
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, 39 Fla. L. Weekly D1894 (Fla. 1st
DCA Sept. 4, 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.
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