State, Department of Highway Safety & Motor Vehicles v. Blatz

District Court of Appeal of Florida

State, Department of Highway Safety & Motor Vehicles v. Blatz

685 So. 2d 1366, 1996 Fla. App. LEXIS 10349, 1996 WL 563362

CourtDistrict Court of Appeal of Florida

DecidedOctober 4, 1996

DocketNo. 96-00617

StatusPublished

This text of 685 So. 2d 1366 (State, Department of Highway Safety & Motor Vehicles v. Blatz) 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.

Bluebook

State, Department of Highway Safety & Motor Vehicles v. Blatz, 685 So. 2d 1366, 1996 Fla. App. LEXIS 10349, 1996 WL 563362 (Fla. Ct. App. 1996).

Pincite

Opinion

QUINCE, Judge.

The State Department of Highway Safety and Motor Vehicles (the Department) challenges an order of the trial court directing it [1367]*1367to pay the fee to transfer the underlying ease to Lee County, Florida. We reverse because section 47.091, Florida Statutes (1995), provides for payment of this fee by the party who initially files in an improper venue, and the appellee, Charles Blatz, initially filed the action in an improper venue, Charlotte County, Florida.

Blatz’s driver’s license was administratively suspended for driving with an unlawful blood alcohol level. The formal administrative review of his license suspension was conducted in Lee County, Florida. Section 322.2615(13), Florida Statutes (1995), provides for appeal of a license suspension in the circuit court where the driver resides or where the formal review was conducted. In the instant case, venue for purposes of appeal is proper only in Lee County. However, Blatz filed his petition for writ of certiorari in Charlotte County.

Since Blatz initially filed in an improper venue, he is required to pay the transfer fee. § 47.091, Fla. Stat. We, therefore, reverse the order of the trial court and remand with directions to require Blatz to pay the transfer fee.

PARKER, A.C.J., and LAZZARA, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

QUINCE, Judge.

The State Department of Highway Safety and Motor Vehicles (the Department) challenges an order of the trial court directing it [1367]*1367to pay the fee to transfer the underlying ease to Lee County, Florida. We reverse because section 47.091, Florida Statutes (1995), provides for payment of this fee by the party who initially files in an improper venue, and the appellee, Charles Blatz, initially filed the action in an improper venue, Charlotte County, Florida.

Blatz’s driver’s license was administratively suspended for driving with an unlawful blood alcohol level. The formal administrative review of his license suspension was conducted in Lee County, Florida. Section 322.2615(13), Florida Statutes (1995), provides for appeal of a license suspension in the circuit court where the driver resides or where the formal review was conducted. In the instant case, venue for purposes of appeal is proper only in Lee County. However, Blatz filed his petition for writ of certiorari in Charlotte County.

Since Blatz initially filed in an improper venue, he is required to pay the transfer fee. § 47.091, Fla. Stat. We, therefore, reverse the order of the trial court and remand with directions to require Blatz to pay the transfer fee.

PARKER, A.C.J., and LAZZARA, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

685 So. 2d 1366, 1996 Fla. App. LEXIS 10349, 1996 WL 563362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-highway-safety-motor-vehicles-v-blatz-fladistctapp-1996.