Petition for Writ of Certiorari to Review Quasi-Judicial Action, Department of Highway Safety and Motor Vehicles:  DRIVER’S LICENSES – Appendix – appellate court cannot issue an order to show cause - petition is not accompanied by an appendix and fails to demonstrate a preliminary basis for relief - Petition denied.  Nordlinder v. Dept. of Highway Safety and Motor Vehicles, No. 04-0070AP-88A (Fla. 6th Cir. App. Ct. November 17, 2004).

 

 

IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA

APPELLATE DIVISION

 

DENNIS NORDLINDER,

                                    Petitioner,

 

vs.                                                                                               Appeal No. 04-0070AP-88A

                                                                                                   UCN522004AP000070XXXXCV

STATE OF FLORIDA, DEPARTMENT OF

HIGHWAY SAFETY AND MOTOR VEHICLES,

                                    Respondent.

____________________________________________/

 

ORDER DENYING AMENDED PETITION FOR WRIT OF CERTIORARI

 

THIS CAUSE came before the Court on the Amended Petition for Writ of Certiorari filed by the Petitioner, Dennis Nordlinder, on November 5, 2004, in response to the Order Granting Motion to File Amended Petition, entered October 5, 2004.  The Court finds that the Amended Petition is not accompanied by an appendix and fails to demonstrate a preliminary basis for relief.  Therefore, this Court cannot issue an Order to Show Cause and finds that the Amended Petition must be denied.  See Fla. R. App. P. Rule 9.100(g),(h); see also Dunn v. Sentry Insurance, 434 So.2d 45 (Fla. 5th DCA 1983)(holding that petitions were properly denied as petitioner failed to provide the Court with an appendix). 

Additionally, the Court notes, as set forth in the Respondent’s Final Order, Mr. Nordlinder’s request for early reinstatement was denied because he testified that he had consumed alcohol on August 14, 2004, a finding Mr. Nordlinder does not dispute.  Under such circumstances, the hearing officer had no authority but to deny early reinstatement.  See Fla. Stat. 322.271(2)(b)(stating that “the department shall require such persons upon reinstatement to have not driven and to have been drug free for at least 12 months immediately prior to such reinstatement”). 

Therefore, it is,

            ORDERED AND ADJUDGED that the Amended Petition for Writ of Certiorari is denied.

            DONE AND ORDERED in Chambers, at Clearwater, Pinellas County, Florida this ________ day of November 2004.

 

 

 

 

                                                                        ___________________________________

                                                                        JOHN A. SCHAEFER

                                                                        Circuit Judge, Appellate Division

 

 

 

 

Copies furnished to:

 

Dennis Norlinder

675 Indian Rocks Road North

Bellair Bluffs, FL  33770

 

Jason Helfant, Assist. General Counsel

Dept. of Highway Safety & Motor Vehicles

2515 West Flagler Street

Miami, FL  33135

 

Bureau of Administrative Review

4585 140th Avenue North, Suite #1002

Clearwater, FL  33762