Winkel v. Department of Highway Safety and Motor Vehicles
This text of 74 So. 3d 585 (Winkel v. Department of Highway Safety and Motor Vehicles) 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
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.
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Cite This Page — Counsel Stack
74 So. 3d 585, 2011 Fla. App. LEXIS 18409, 2011 WL 5598336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winkel-v-department-of-highway-safety-and-motor-vehicles-fladistctapp-2011.