RICK BRUNSMAN, APPELLANT,
v.
NATIONAL RENT-A-FENCE COMPANY, APPELLEE
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PER CURIAM.
Brunsman appeals from an order of the circuit court which affirmed a summary judgment entered by the county court in favor of National Rent-A-Fence Company. Because the circuit court was acting in its appellate capacity, we shall treat this appeal as a petition for writ of certiorari. Fla.R.App.P. 9.030(b)(2)(B).
The standard of review in such cases is narrow. Our function is to determine whether the circuit court afforded procedural due process and applied the correct law. Snyder v. Board of County Commissioners, 595 So. 2d 65 (Fla. 5th DCA 1991), jur. accepted, 605 So. 2d 1262 (Fla. 1992); Thomas v. Brevard County Sheriffs Office Civil Service Board, 456 So. 2d 540 (Fla. 5th DCA 1984). We find no such error exists in this case, based on the record (exclusive of oral testimony) which existed at the summary judgment hearing. See Campbell-Settle Pressure Grouting & Gunite Co. v. David M. Abel Construction Co., 395 So. 2d 247 (Fla. 3d DCA 1981); Mysels v. Barry, 332 So. 2d 38 (Fla. 2d DCA), rev. denied, 341 So. 2d 1079 (Fla.1976).
Petition for Certiorari DENIED.
COBB, W. SHARP and HARRIS, JJ„ concur.
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Conahan v. Dep't OF Hwy. Safety & Motor Vehicles, 619 So. 2d 988 (Fla. 5th DCA 1993)…termining whether the circuit court afforded procedural due process and applied the correct law. Education Development Center, Inc. v. City of West Palm Beach Zoning Board of Appeals, 541 So. 2d 106 (Fla.1989); Brunsman v. National Rent-A-Fence Co., 612 So. 2d 719 (Fla. 5th DCA 1993). The district court must exercise its discretion to avert the possibility that cer-tiorari will be used as a vehicle to obtain a second appeal. Combs v. State, 436 So. 2d 93 (Fla.1983). Here, Petitioner is clearly seeking a secon…
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Dep't OF Hwy. Safety & Motor Vehicles v. Stewart, 625 So. 2d 123 (Fla. 5th DCA 1993)…eiture of a property right without due process of law. We grant the writs. The Department contends, and we agree, that the circuit court failed to apply the correct rule of law in arriving at its decision. See Brunsman v. National Rent-A-Fence Co., 612 So. 2d 719 (Fla. 5th DCA 1993). This court recently confirmed the constitutionality of the statute in Conahan v. Department of Highway Safety and Motor Vehicles, Bureau of Driver Improvement, 619 So. 2d 988 (Fla. 5th DCA 1993). These two cases offer an even br…
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Prof'l Med. Grp., Inc. v. United Auto. Ins. Co., 967 So. 2d 243 (Fla. 3d DCA 2007)…Because this Petition for Writ of Certiorari concerns a final order of the Eleventh Circuit Court’s Appellate Division, certio-rari jurisdiction is thus met. The standard of review for such a review is narrow. See Brunsman v. Nat’l Rent-A-Fence Co., 612 So. 2d 719 (Fla. 5th DCA 1993). Therefore, we are limited to determining “whether the circuit court denied the petitioner procedural due process or departed from the essential requirements of law to cause a miscarriage of justice.” Stambaugh v. State, 891 So.…
Authorities Cited
- Snyder v. Bd. OF Cnty. Comm'rs OF Brevard Cnty., 595 So. 2d 65 (Fla. 5th DCA 1991)
- Thomas v. Brevard Cnty. Sheriff's Off. Civil Serv. Bd. & C.W. Miller, 456 So. 2d 540 (Fla. 5th DCA 1984)
- Campbell-Settle Pressure Grouting & "Gunite" Co., Inc. v. David M. Abel Constr. Co., 395 So. 2d 247 (Fla. 3d DCA 1981)
- Leo v. Mysels, 332 So. 2d 38 (Fla. 2d DCA 1976)
- Abe Rudner v. Lyons, 395 So. 2d 247 (Fla. 3d DCA 1981)