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DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES v. McCLUNG

No. 1D03-5063.

878 So.2d 480 (2004)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Petitioner, v. Roger Lee McCLUNG, Respondent.

District Court of Appeal of Florida, First District.

July 30, 2004.

Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel; and Michael J. Alderman, Assistant General Counsel, Tallahassee, for Petitioner.

David M. Robbins and Susan Z. Cohen, of Epstein & Robbins, Jacksonville, for Respondent.

PER CURIAM.

Given the record demonstrating that the circuit court, sitting in its appellate capacity, afforded procedural due process and applied the correct law, we conclude that the petitioner has failed to satisfy its burden for certiorari relief. See City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982); Dep't of Highway Safety & Motor Vehicles v. Trimble, 821 So.2d 1084

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