          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.




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