HEINTZELMAN'S FORD, INC., A FLORIDA CORPORATION AND JOHNNY BOLTON FORD, INC., A FLORIDA CORPORATION, PETITIONERS,
v.
JOHN D. CALVIN, DIRECTOR OF THE DIVISION OF MOTOR VEHICLES OF THE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES OF THE STATE OF FLORIDA, RESPONDENT
PER CURIAM.
This petition for writ of certiorari seeks reversal of the respondent’s order granting the issuance of a motor vehicle dealer’s license to Mclnerney Ford, Inc. We have heard oral argument in this cause and have carefully examined the record and the briefs submitted by the parties, as well as the brief of the Amicus Curiae. Upon our consideration thereof, we conclude that respondent’s order is supported by substantial, competent evidence and was entered pursuant to lawful procedures and authority.
Petitioners having failed to demonstrate grounds for the relief sought, the petition for writ of certiorari is denied.
RAWLS, C. J., and JOHNSON and MILLS, JJ., concur.
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Tafero v. State, 406 So. 2d 89 (Fla. 3d DCA 1981)…late court, newly discovered evidence is not a basis for relief under that rule. Smith v. State, supra; Hallman v. State, supra. The contrary suggestion in earlier cases, see, e. g., State v. Gomez, 363 So. 2d 624 (Fla.3d DCA 1978); Walden v. State, 310 So. 2d 426 (Fla.3d DCA 1975); Kellerman v. State, 287 So. 2d 702 (Fla.3d DCA 1973); State v. Pitts, 241 So. 2d 399 (Fla. 1st DCA 1970), vacated on other ground, Pitts v. State, 247 So. 2d 53 (Fla.1971); Diamond v. State, 233 So. 2d 418 (Fla. 4th DCA 1970); Fas…1 / 4
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State v. Basilio Gomez, 363 So. 2d 624 (Fla. 3d DCA 1978)…that newly discovered evidence, whether in the form of a third party confession or other demonstrative or testimonial evidence, may constitute a valid ground for collateral attack of a criminal conviction under Fla.R. Crim.P. 3.850. Walden v. State, 310 So. 2d 426 (Fla. 3d DCA 1975); Kellerman v. State, 287 So. 2d 702 (Fla. 3d DCA 1973); Fast v. State, 221 So. 2d 203 (Fla. 3d DCA 1969). The Fourth District Court of Appeal takes the same view, Diamond v. State, 233 So. 2d 418 (Fla. 4th DCA 1970), as does appar…
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Henzel v. State, 390 So. 2d 397 (Fla. 3d DCA 1980)…he following cases which announce a rule that newly discovered evidence, such as a third party confession, may be a valid ground for post-conviction relief under Fla.R.Crim.P. 3.850. State v. Gomez, 363 So. 2d 624 (Fla.3d DCA 1978); Walden v. State, 310 So. 2d 426 (Fla.3d DCA 1975); Kellerman v. State, 287 So. 2d 702 (Fla.3d DCA 1973); Fast v. State, 221 So. 2d 203 (Fla.3d DCA 1969); Diamond v. State, 233 So. 2d 418 [*400] (Fla.4th DCA 1970). See also State v. Pitts, 241 So. 2d 399 (Fla.lst DCA 1970), vacated…
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