State of Florida, Department of Highway Safety and Motor Vehicles v. Brian Orlando Heath

• Court: District Court of Appeal of Florida
• Decided: August 30, 2019
• Docket: 18-4708
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D18-4708 _____________________________

STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,

Petitioner,

v.

BRIAN ORLANDO HEATH,

Respondent. _____________________________

Petition for Writ of Certiorari—Original Jurisdiction.

August 30, 2019

PER CURIAM.

In second-tier certiorari proceedings, this Court’s review is limited to a determination of whether the circuit court “[1] afforded procedural due process and [2] 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). 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. _____________________________

Christie S. Utt, General Counsel, and Elana J. Jones, Assistant General Counsel, for the Department of Highway Safety & Motor Vehicles, Tallahassee, for Petitioner.

Hoot Crawford, Panama City, for Respondent.