Good Case from the Fifth!

DHSMV v. Auster, 36 Fla. L. Weekly D64 (Fla. 5th DCA Dec 30, 2010): Writ of Certiorari denied – Department filed writ from circuit court opinion (17 Fla. L. Weekly Supp. 514a) which found that DMV hearing officer must issue requested subpoenas for formal review hearing. Fifth clarified circuit court opinion but agreed that hearing officer’s discretion as to whether or not to issue requested subpoena is limited. Writ denied.

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