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 (
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
vs. Appeal No. 04-0070AP-88A
HIGHWAY SAFETY AND MOTOR VEHICLES,
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,
JOHN A. SCHAEFER
Circuit Judge, Appellate Division
Copies furnished to:
Bellair Bluffs, FL 33770
Jason Helfant, Assist. General Counsel
Dept. of Highway Safety & Motor Vehicles
Bureau of Administrative Review