Nils Futch, Petitioner v. Florida Department of Highway Safety and Motor Vehicles, Respondent

Summary

The court held that the Fifth District improperly exercised second-tier certiorari jurisdiction by reviewing the correctness of the circuit court's disposition rather than determining whether the circuit court departed from clearly established law in a manner resulting in a miscarriage of justice. Because no miscarriage of justice occurred, the court quashed the Fifth District's decision and remanded for reinstatement of the circuit court's decision.