Petition for Writ of Certiorari to Review Quasi-Judicial Action: Department of Highway Safety and Motor Vehicles: APPELLATE PROCEDURE – Standard of review. Appellate review of an administrative order is not de novo. New evidence cannot be introduced on appeal. Petitioner failed to assert whether procedural due process was afforded, whether the essential requirements of law were observed, or whether the final decision was supported by competent substantial evidence. Petition dismissed. Kerry Lynn Boling v. DHSMV, No. 09-000009AP-88A (Fla. 6th Cir.App.Ct. April 27, 2009).

IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA

APPELLATE DIVISION

Kelly Lynn Boling

Petitioner,

vs. Appeal No. 09-000009AP-88A

UCN 522009AP000009XXXXCV

State, Dept. of Highway Safety

And Motor Vehicles,

Respondent. /

ORDER DISMISSING PETITION FOR WRIT OF CERTIORARI

THIS CAUSE is before the Court on the Court’s own motion. The Court finds that the Petitioner has not properly followed the applicable Standard of Review in reviewing the administrative order. The Standard of Review applicable in reviewing administrative action is whether the petitioner was afforded procedural due process, whether the essential requirements of law were observed and whether the final decision is supported by competent substantial evidence. Haines City Community Development v. Heggs, 658 So.2d 523, 530 (Fla. 1995)(setting forth the standard of certiorari review of administrative action.). Appellate review of an administrative order is not a de novo review. New evidence cannot be introduced on Appeal. Furthermore, the Petitioner has failed to cite where in the record the Administrative Hearing Officer denied the Petitioners motion regarding altered documents. In fact, the record of the administrative hearing does not mention any such Objection or Motion made in regards to any altered documents. The Petitioner has failed to Appeal whether procedural due process was afforded, whether the essential requirements of law were observed or whether the final decision was supported by competent substantial evidence.

ORDERED AND ADJUDGED that the above-styled appeal is dismissed.

DONE AND ORDERED in Chambers, Clearwater, Pinellas County, Florida this ______ day of _________________ 2009.

Original opinion entered by Circuit Judges Pamela A.M. Campbell, George W. Greer, &
John A. Schaefer.

Copies furnished to:

Robert A. Love, Esq., PO Box 55426, St. Petersburg, FL 33732-5426, Attorney for Petitioner

Jason Helfant, Asst. General Counsel, DHSMV – Legal Office, PO Box 540609,

Lake Worth, FL 33454-0609, Attorney for Respondent