STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
v.
BRIAN ORLANDO HEATH
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In second-tier certiorari review, the Department must demonstrate either a procedural due process violation or a violation of clearly established law resulting in miscarriage of justice, and the Department failed to do so here.
[1] In second-tier certiorari proceedings, review is limited to whether the circuit court afforded procedural due process and applied the correct law.
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Statement of the two-prong test for second-tier certiorari review
The State Department of Highway Safety and Motor Vehicles filed a petition for a writ of certiorari challenging a circuit court decision involving res…
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August 30, 2019 PER CURIAM.
In second-tier certiorari proceedings, this Court’s review is limited to a determination of whether the circuit court “ afforded procedural due process and applied the correct law.” City of Deerfield Beach v. Vaillant, 419 So. 2d 624, 626 (Fla. 1982); see also Dep’t of Highway Safety & Motor Vehicles v. Edenfield, 58 So. 3d 904, 906 (Fla. 1st DCA 2011). Here, the Department did not assert a violation of procedural due process and it failed to demonstrate a violation of a clearly established principle of law which resulted in a miscarriage of justice. We, therefore, deny the Petition for Writ of Certiorari. See Custer Med. Ctr. v. United Auto. Ins. Co., 62 So. 3d 1086 (Fla. 2010).
2
Petition DENIED.
ROWE, JAY, and M.K. THOMAS, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- City OF Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982)
- Custer Med. Ctr. v. United Auto. Ins. Co., 62 So. 3d 1086 (Fla. 2010)