Department of Highway Safety & Motor Vehicles v. McClung

District Court of Appeal of Florida

Department of Highway Safety & Motor Vehicles v. McClung

878 So. 2d 480, 2004 Fla. App. LEXIS 11334, 2004 WL 1697838

CourtDistrict Court of Appeal of Florida

DecidedJuly 30, 2004

DocketNo. 1D03-5063

StatusPublished

This text of 878 So. 2d 480 (Department of Highway Safety & Motor Vehicles v. McClung) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Department of Highway Safety & Motor Vehicles v. McClung, 878 So. 2d 480, 2004 Fla. App. LEXIS 11334, 2004 WL 1697838 (Fla. Ct. App. 2004).

Pincite

Opinion

PER CURIAM.

Given the record demonstrating that the circuit court, sitting in its appellate capacity, afforded procedural due process and applied the correct law, we conclude that the petitioner has failed to satisfy its burden for certiorari relief. See City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982); Dep’t of Highway Safety & Motor Vehicles v. Trimble, 821 So.2d 1084, 1086-87 (Fla. 1st DCA 2002) (holding that in certiorari proceeding to review driver’s license suspension, circuit court did not impermissibly re-weigh evidence in concluding that competent, substantial evidence did not support hearing officer’s finding, where evidence gave equal support to inconsistent inferences and could not be deemed sufficiently reliable that a reasonable mind would accept it as adequate). The petition for writ of certiorari is DENIED on the merits.

BENTON, BROWNING and POLSTON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Given the record demonstrating that the circuit court, sitting in its appellate capacity, afforded procedural due process and applied the correct law, we conclude that the petitioner has failed to satisfy its burden for certiorari relief. See City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982); Dep’t of Highway Safety & Motor Vehicles v. Trimble, 821 So.2d 1084, 1086-87 (Fla. 1st DCA 2002) (holding that in certiorari proceeding to review driver’s license suspension, circuit court did not impermissibly re-weigh evidence in concluding that competent, substantial evidence did not support hearing officer’s finding, where evidence gave equal support to inconsistent inferences and could not be deemed sufficiently reliable that a reasonable mind would accept it as adequate). The petition for writ of certiorari is DENIED on the merits.

BENTON, BROWNING and POLSTON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

878 So. 2d 480, 2004 Fla. App. LEXIS 11334, 2004 WL 1697838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-highway-safety-motor-vehicles-v-mcclung-fladistctapp-2004.

Opinion

Related

Cite This Page — Counsel Stack