DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEH. v. ALLEN

No. 88-2183.

539 So.2d 20 (1989)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES, STATE OF FLORIDA, Petitioner, v. Samuel ALLEN, Respondent.

District Court of Appeal of Florida, Fifth District.

March 2, 1989.


Attorney(s) appearing for the Case

Enoch J. Whitney, Gen. Counsel, and Suzanne G. Printy, Asst. Gen. Counsel, Dept. of Highway Safety and Motor Vehicles, Tallahassee, for petitioner.

Morton D. Aulls, Tavares, for respondent.


DAUKSCH, Judge.

This matter is before the court upon a petition for writ of certiorari. The petition is directed to an order of an acting circuit judge who reviewed a ruling of an administrative body, the petitioner Department.

The acting circuit judge improperly reweighed the evidence in the case and came to a different factual conclusion than that of the administrative body. It is neither the function nor the prerogative of a circuit judge to reweigh evidence...

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