Opinion
No. 1D18-4708
08-30-2019
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.
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.
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.