Department of Highway Safety & Motor Vehicles v. Bennett

District Court of Appeal of Florida

Department of Highway Safety & Motor Vehicles v. Bennett

832 So. 2d 248, 2002 Fla. App. LEXIS 17820, 2002 WL 31728892

CourtDistrict Court of Appeal of Florida

DecidedDecember 6, 2002

DocketNo. 5D02-1234

StatusPublished

Cited by1 cases

This text of 832 So. 2d 248 (Department of Highway Safety & Motor Vehicles v. Bennett) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Department of Highway Safety & Motor Vehicles v. Bennett, 832 So. 2d 248, 2002 Fla. App. LEXIS 17820, 2002 WL 31728892 (Fla. Ct. App. 2002).

Pincite

Opinion

PER CURIAM.

The State of Florida petitioned this court for a writ of certiorari to review the trial court’s Order Granting Petition for Writ of Certiorari which invalidated the Florida Department of Highway Safety and Motor Vehicle’s suspension of Tracey G. Bennett’s driving privileges.

Following the receipt of the State’s petition in this court, we received a “Joint Stipulated Motion to Vacate Order Granting Petition for Writ of Certiorari and Remanding Cause.” The stipulation was filed when the parties learned that during the trial court proceedings, an “Order to Show Cause” directed to the State had never been served upon any party. The stipulation also recites that the trial judge was contacted to solicit his approval of the motion and the approval was obtained.

Accordingly, we grant the petition for certiorari, issue the writ, vacate the trial court’s “Order Granting Petition for Cer-tiorari” and remand for further proceedings.

PETITION GRANTED; ORDER VACATED; REMANDED.

COBB, PETERSON and PALMER, JJ., concur.

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