Hosey v. Dep't of Highway Safety and Motor Vehicles

147 So. 3d 1056

• Court: District Court of Appeal of Florida
• Decided: August 29, 2014
• Docket: 2D13-5061
• Status: Published

Opinion

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

KYLE HOSEY, ) ) Petitioner, ) ) v. ) Case No. 2D13-5061 ) DEPARTMENT OF HIGHWAY ) SAFETY AND MOTOR VEHICLES, ) ) Respondent. ) ________________________________ )

Opinion filed August 29, 2014.

Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; William P. Levens, Judge.

Eilam Isaak, Tampa, for Petitioner.

Stephen D. Hurm, General Counsel, and Judson M. Chapman, Senior Assistant General Counsel, Department of Highway Safety & Motor Vehicles, Pinellas Park, for Respondent.

NORTHCUTT, Judge.

Kyle Hosey suffered a six-month suspension of his driver's license, which

he unsuccessfully challenged in an administrative hearing. On appeal, the circuit court

reversed the suspension. Hosey now seeks a writ of certiorari to quash the portion of

the circuit court's decision that remanded for additional administrative proceedings. As explained in Forth v. Department of Highway Safety & Motor Vehicles, 39 Fla. L. Weekly

D1352 (Fla. 2d DCA June 27, 2014), the validity of the suspension has been rendered

moot by the expiration of the six-month term. See McLaughlin v. Dep't of Highway

Safety & Motor Vehicles, 128 So. 3d 815 (Fla. 2d DCA 2012).

Petition granted.

SILBERMAN and BLACK, JJ., Concur.

-2-