The court issued an order granting petitioner=s motion for stay on June 15, 2001. After entry of the order the Department of Highway Safety and Motor Vehicles filed a motion for reconsideration of the stay and scheduled a hearing for July 2, 2001. Upon review of the department=s motion, this court hereby rescinds the order of June 15, 2001. Upon further consideration of the file, it has come to the court=s attention that the petitioner has filed an appeal of a decision of the department sustaining the suspension of his driver=s license. The court will treat this action as a petition for writ of certiorari. Galloway v. State, 305 So.2d 278 (Fla. 2d DCA 1974); Florida Statute 322.64(13) (2000).

Accordingly, it is ORDERED that the order of June 15, 2001, granting petitioner=s motion for stay of his license suspension (DL # E152-559-46-023-0), is RESCINDED. It is further ORDERED that the department=s hearing, scheduled for July 2, 2001, at 4:15 p.m. on their motion for reconsideration of the stay is CANCELED.