Department of Highway Safety & Motor Vehicles v. Lanning
This text of 156 So. 3d 533 (Department of Highway Safety & Motor Vehicles v. Lanning) 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.
Opinion
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, 151 So.3d 457 (Fla. 1st DCA 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.
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Cite This Page — Counsel Stack
156 So. 3d 533, 2015 Fla. App. LEXIS 24, 2015 WL 47034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-highway-safety-motor-vehicles-v-lanning-fladistctapp-2015.