DARNELL GAUSE, APPELLANT,
v.
COL. H. N. KIRKMAN, DIRECTOR, DEPARTMENT OF PUBLIC SAFETY, STATE OF FLORIDA, MAJ. C. W. KEITH, SUPERVISOR, DRIVERS LICENSE DIVISION, DEPARTMENT OF PUBLIC SAFETY, STATE OF FLORIDA, DEPARTMENT OF PUBLIC SAFETY, STATE OF FLORIDA, AND FLORIDA HIGHWAY PATROL, A DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY, STATE OF FLORIDA, APPELLEES; ADOLF NICKEL, APPELLANT, V. COL. H. N. KIRKMAN, DIRECTOR, DEPARTMENT OF PUBLIC SAFETY, STATE OF FLORIDA, MAJ. C. W. KEITH, SUPERVISOR, DRIVERS LICENSE DIVISION, DEPARTMENT OF PUBLIC SAFETY, STATE OF FLORIDA, DEPARTMENT OF PUBLIC SAFETY, STATE OF FLORIDA, AND FLORIDA HIGHWAY PATROL, A DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY, STATE OF FLORIDA, APPELLEES
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This case consolidates appeals from orders denying temporary injunctions and dismissing complaints seeking to prevent the suspension of driver's licenses due to traffic points. The court affirmed the lower court's decision, finding that the plaintiffs failed to follow the proper statutory procedure for review.
The plaintiffs failed to follow the statutory procedure for review of driver's license suspensions. The statutory method of review provides an adequate remedy at law.
“The complaints filed in this cause sought to invoke equity jurisdiction to enjoin the defendants from suspending plaintiffs' driver's licenses for accumulation of traffic points.”
Describes the nature of the plaintiffs' legal action.
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Join FLexlaw to unlock all legal intelligencePlaintiffs sought to use equity jurisdiction to prevent the suspension of their driver's licenses based on accumulated traffic points. The circuit cou…
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In these consolidated appeals plaintiffs appeal orders of the circuit court denying their applications for temporary injunctions and dismissing their complaints with prejudice.
The complaints filed in this cause sought to invoke equity jurisdiction to enjoin the defendants from suspending plaintiffs’ driver’s licenses for accumulation of traffic points.
Clearly, plaintiffs failed to follow the statutory procedure provided for review of driver’s license suspensions or revocations.
Section 322.31, F.S., F.S.A., provides:
“Right of review.- — -The final orders and rulings of the department wherein any person is denied a license, or where such license has been cancelled, suspended or revoked, shall be reviewable in the manner and within the time provided by the Florida appellate rules only by a writ of certiorari issued by the circuit court in the county wherein such person shall reside, in the manner prescribed by the Florida appellate rules.”
The statutory method of review affords plaintiffs an adequate remedy at law, and the chancellors correctly dismissed the complaints.
Affirmed.
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Cook v. Col. H. N. Kirkman, 183 So. 2d 280 (Fla. 3d DCA 1966)…the Department of Public Safety of the State of Florida was properly dismissed pursuant to the law established in Thornhill v. Kirkman, Fla.1953, 62 So. 2d 740; and Jones v. Kirkman, Fla.1962, 138 So. 2d 513. See also Gause v. Kirkman, Fla.App.1965, 178 So. 2d 741. Affirmed.…