JOSEPH CORDARO
v.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, ETC.

Fla. 4th DCA | 2021-08-25
No. 21-1766
Florida District Court of Appeal, Fourth District (2021)

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Holding

The validity of a license suspension is not rendered moot by the expiration of the suspension during appellate proceedings, and further proceedings are required.


Headnotes

[1] The expiration of a license suspension during the pendency of appellate proceedings does not render the suspension moot or eliminate the need for further proceedings on t…

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Key Quotes

“In Gordon v. State, Department of Highway Safety & Motor Vehicles, 166 So. 3d 902 (Fla. 4th DCA 2015), this Court rejected the argument that the validity of a license suspension is moot and that further proceedings are not required where the suspension expires during the pendency of the appellate proceedings.”

The court's explanation for why the circuit court properly denied the mootness argument

Facts & Procedural History

Cordaro sought second-tier certiorari review of a circuit court order that quashed her license suspension and remanded the case for a further hearing.…

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Opinion of the Court

PER CURIAM.

Petitioner seeks second-tier certiorari review of a circuit court order quashing her license suspension and remanding for a further hearing. In Gordon v. State, Department of Highway Safety & Motor Vehicles, 166 So. 3d 902 (Fla. 4th DCA 2015), this Court rejected the argument that the validity of a license suspension is moot and that further proceedings are not required where the suspension expires during the pendency of the appellate proceedings. The circuit court followed binding precedent from this Court and did not depart from the essential requirements of law. We deny the petition and certify conflict with McLaughlin v. Department of Highway Safety & Motor Vehicles, 128 So. 3d 815 (Fla. 2d DCA 2012).

Petition denied. Conflict certified.

WARNER, KLINGENSMITH, and KUNTZ, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.


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