CORDOVA v. BLACKSTOCK

No. 920370-CA.

861 P.2d 449 (1993)

Judy A. CORDOVA, Plaintiff and Appellee, v. G. Barton BLACKSTOCK, Bureau Chief, Records Bureau, Drivers License Division, Defendant and Appellant.

Court of Appeals of Utah.

October 13, 1993.


Attorney(s) appearing for the Case

Jan Graham and Thom D. Roberts, Salt Lake City, for defendant and appellant.

Herschel Bullen, Salt Lake City, for plaintiff and appellee.

Before BENCH, GREENWOOD and JACKSON, JJ.


JACKSON, Judge:

The Department of Public Safety, Drivers License Division (the Department) appeals the district court's grant of plaintiff's motion to vacate and set aside the administrative order of the Department based upon the "residuum of competent evidence rule."1 We reverse and remand.

FACTS

The facts in this case are undisputed. On January 24, 1992, Judy Cordova was arrested for driving under the influence of an...

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