Brunsman v. National Rent-A-Fence Co.
| Decision Date | 29 January 1993 |
| Docket Number | RENT-A-FENCE,No. 92-1417,92-1417 |
| Citation | 612 So.2d 719 |
| Parties | 18 Fla. L. Week. D389 Rick BRUNSMAN, Appellant, v. NATIONALCOMPANY, Appellee. |
| Court | Florida District Court of Appeals |
Richard A. Brunsman, pro se.
Royce D. Pipkins, Orlando, for appellee.
Brunsman appeals from an order of the circuit court which affirmed a summary judgment entered by the county court in favor of National Rent-A-Fence Company. Because the circuit court was acting in its appellate capacity, we shall treat this appeal as a petition for writ of certiorari. Fla.R.App.P. 9.030(b)(2)(B).
The standard of review in such cases is narrow. Our function is to determine whether the circuit court afforded procedural due process and applied the correct law. Snyder v. Board of County Commissioners, 595 So.2d 65 (Fla. 5th DCA 1991), jur. accepted, 605 So.2d 1262 (Fla.1992); Thomas v. Brevard County Sheriff's Office Civil Service Board, 456 So.2d 540 (Fla. 5th DCA 1984). We find no such error exists in this case, based on the record (exclusive of oral testimony) which existed at the summary judgment hearing. See Campbell-Settle Pressure Grouting & Gunite Co. v. David M. Abel Construction Co., 395 So.2d 247 (Fla. 3d DCA 1981); Mysels v. Barry, 332 So.2d 38 (Fla. 2d DCA), rev. denied, 341 So.2d 1079 (Fla.1976).
Petition for Certiorari DENIED.
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...Development Center, Inc. v. City of West Palm Beach Zoning Board of Appeals, 541 So.2d 106 (Fla.1989); Brunsman v. National Rent-A-Fence Co., 612 So.2d 719 (Fla. 5th DCA 1993). The district court must exercise its discretion to avert the possibility that certiorari will be used as a vehicle......
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Department of Highway Safety and Motor Vehicles v. Stewart
...we agree, that the circuit court failed to apply the correct rule of law in arriving at its decision. See Brunsman v. National Rent-A-Fence Co., 612 So.2d 719 (Fla. 5th DCA 1993). This court recently confirmed the constitutionality of the statute in Conahan v. Department of Highway Safety a......
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Professional Med. Group v. United Auto., 3D07-1118.
...Division, certiorari jurisdiction is thus met. The standard of review for such a review is narrow. See Brunsman v. Nat'l Rent-A-Fence Co., 612 So.2d 719 (Fla. 5th DCA 1993). Therefore, we are limited to determining "whether the circuit court denied the petitioner procedural due process or d......