KATHLEEN DIETZ WINGATE, APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, APPELLEE
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The appellate court held that an appeal is not the proper remedy to review a circuit court's denial of a writ of certiorari concerning administrative action, and treated the appeal as a petition for certiorari.
Petitioner sought a writ of certiorari from the circuit court to reverse the Department of Highway Safety and Motor Vehicles' revocation of her driver…
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ORFINGER, Chief Judge.
Karlene Wingate petitioned the circuit court for the issuance of a writ of certiorari directed to the State of Florida, Department of Highway Safety and Motor Vehicles, seeking to reverse a final order of the Department revoking her driver’s license for medical reasons. Final orders of the Department wherein a license has been cancelled, suspended or revoked are reviewable by writ of certiorari issued by the circuit court in the county of the person’s residence. § 322.31, Fla.Stat. (1981).
The circuit court received the petition, and concluding that it failed to demonstrate a preliminary basis for relief, declined to issue an order directing the respondent Department to show cause why the. writ should not issue. See Fla.R.App.P. 9.100(f). Petitioner appeals from that order. An appeal is not the proper remedy by which to seek review of a certiorari proceeding in the circuit court which in turn reviews administrative action. The proper remedy in this court is a petition for writ of certiorari. City of Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla.1982). Thus, we treat the “appeal” as a petition for a writ of certiorari. Fla.R.App.P. 9.040(c).
Finding no departure from the essential requirements of law, the petition for writ of certiorari is denied. See Combs v. State, 436 So. 2d 93 (Fla.1983).
DAUKSCH and COWART, JJ., concur.
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R.S. Johnson v. Citizens State Bank, 537 So. 2d 96 (Fla. 1989)…DCA 1988), cause dismissed, 526 So. 2d 75 (Fla. 1988); Nunez v. Gonzalez, 456 So. 2d 1336, 1339 (Fla. 2d DCA 1984); Sunshine Dodge, Inc. v. Ketchem, 445 So. 2d 395, 396 (Fla. 5th DCA 1984); Wingate v. Department of Highway Safety and Motor Vehicles, 442 So. 2d 1023, 1024 (Fla. 5th DCA 1983); Hackenberg v. Artesian Pools of East Florida, Inc., 440 So. 2d 475 (Fla. 5th DCA 1983); Radio Communications Corp. v. Oki Electronics of America, Inc., 277 So. 2d 289, 290 (Fla. 4th DCA 1973).2 Indeed, a district court sha…
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Dep't of Hwy. Safety & Motor Vehicles v. Favino, 667 So. 2d 305 (Fla. 1st DCA 1995)…rrect standard of review. BOOTH and MICKLE, JJ., concur. . Review in this court was incorrectly sought by means of appeal when the proper procedure was to petition for writ of certiorari. Wingate v. Department of Highway Safety and Motor Vehicles, 442 So. 2d 1023 (Fla. 5th DCA 1983). At the Department’s request, and pursuant to Florida Rule of Appellate Procedure 9.040(c), we will treat the instant appeal as a petition for writ of certiorari. Department of Highway Safety and Motor Vehicles v. Riggen, 654 So.…
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Janson v. The City OF ST. Augustine, 468 So. 2d 329 (Fla. 5th DCA 1985)…ncy action through administrative and judicial channels was extinguished. PETITION DENIED. DAUKSCH and ORFINGER, JJ., concur. . City of Deerfiled Beach v. Vaillant, 419 So. 2d 624 (Fla.1982); Wingate v. Dep’t of Highway Safety and Motor Vehicles, 442 So. 2d 1023 (Fla. 5th DCA 1983); Stansberry v. City of Lake Helen, 425 So. 2d 1157 (Fla. 5th DCA 1982).…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982)
- Combs v. State, 436 So. 2d 93 (Fla. 1983)