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

Annotate this Case

Download PDF

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. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.