Winkel v. Department of Highway Safety and Motor Vehicles

District Court of Appeal of Florida

Winkel v. Department of Highway Safety and Motor Vehicles

74 So. 3d 585, 2011 Fla. App. LEXIS 18409, 2011 WL 5598336

District Court of Appeal of Florida·Decided November 18, 2011·No. 5D11-1876·Published

Opinion

PER CURIAM.

Petitioner seeks certiorari review of an order of the circuit court, sitting in its appellate capacity, that dismissed his appeal of the suspension of his driver’s license for refusing to submit to a breath test. The circuit court dismissed Petitioner’s appeal due to his untimely attempt to comply with a court order to show cause. Because Petitioner’s omission did not justify dismissal, the circuit court departed from the essential requirements of the law. Krebs v. State, 588 So.2d 38 (Fla. 5th DCA 1991).

Accordingly, we quash the order dismissing the appeal.

PETITION GRANTED.

TORPY, EVANDER and COHEN, JJ., concur.

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

PER CURIAM.

Petitioner seeks certiorari review of an order of the circuit court, sitting in its appellate capacity, that dismissed his appeal of the suspension of his driver’s license for refusing to submit to a breath test. The circuit court dismissed Petitioner’s appeal due to his untimely attempt to comply with a court order to show cause. Because Petitioner’s omission did not justify dismissal, the circuit court departed from the essential requirements of the law. Krebs v. State, 588 So.2d 38 (Fla. 5th DCA 1991).

Accordingly, we quash the order dismissing the appeal.

PETITION GRANTED.

TORPY, EVANDER and COHEN, JJ., concur.

Winkel v. Department of Highway Safety and Motor Vehicles, 74 So. 3d 585, 2011 Fla. App. LEXIS 18409, 2011 WL 5598336 (Fla. Ct. App. 2011).

Pincite

74 So. 3d 585 (Winkel v. Department of Highway Safety and Motor Vehicles) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related