
    DEPT. OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES, Petitioner, v. Terry Joseph SHENK, Respondent.
    No. 86-1847.
    District Court of Appeal of Florida, Fifth District.
    June 4, 1987.
    Rehearing Denied July 8, 1987.
    Enoch Whitney, Gen. Counsel, and Suzanne G. Printy, Asst. Gen. Counsel, Dept, of Highway Safety and Motor Vehicles, Tallahassee, for petitioner.
    Morton D. Aulls, Tavares, for respondent.
   PER CURIAM.

The Department of Highway Safety appeals from a final order of the circuit court granting appellee’s petition for writ of cer-tiorari pursuant to section 322.31, Florida Statutes (1985). We treat the appeal as a petition for writ of certiorari, Fla.R.App.P. 9.040(c); City of Deerfield Beach v. Vaillant, 419 So.2d 624 (Fla.1982); Stansberry v. City of Lake Helen, 425 So.2d 1157 (Fla. 5th DCA 1982), and deny the petition.

PETITION DENIED.

UPCHURCH, C.J., ORFINGER and COBB, JJ., concur.  