Department of Highway Safety & Motor Vehicles v. McClung , 2004 Fla. App. LEXIS 11334 ( 2004 )


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  • 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.

Document Info

Docket Number: No. 1D03-5063

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

Judges: Benton, Browning, Polston

Filed Date: 7/30/2004

Precedential Status: Precedential

Modified Date: 10/18/2024