Eagerton v. State, 88-428

• Decision Date: 10 June 1988
• Docket Number: No. 88-428,88-428
• Citation: 13 Fla. L. Weekly 1393,528 So.2d 920
• Parties: 13 Fla. L. Weekly 1393 Daniel Gardner EAGERTON, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 920

528 So.2d 920

13 Fla. L. Weekly 1393

Daniel Gardner EAGERTON, Appellant, v. STATE of Florida, Appellee.

No. 88-428.

District Court of Appeal of Florida, First District.

June 10, 1988.

Rehearing Denied Aug. 15, 1988.

A Petition for Writ of Common Law Certiorari, Dorothy H. Pate, Judge, Circuit Court for Duval County.

S. Perry Penland, Jr., Jacksonville, for appellant.

Robert A. Butterworth, Atty. Gen., and William A. Hatch, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Appellant/petitioner seeks review by petition for writ of common law certiorari of an order of the circuit court, rendered in its appellate capacity, that affirmed the trial court's order denying appellant's motion for a new trial. Fla.R.App.P. 9.030(b)(2)(B). Upon review of the petition, we find that the petitioner has not shown that the circuit court's decision was a departure from the essential requirements of law. See Brooks v. Owens, 97 So.2d 693 (Fla.1957); Butler Construction and Crims, Inc. v. Walker, 524 So.2d 691 (Fla. 1st DCA 1988); Deseret Ranches v. St. Johns River Water Management District, 406 So.2d 1132 (Fla. 5th DCA 1981). Accordingly, the petition for certiorari is denied.

SMITH, C.J., and JOANOS and ZEHMER, JJ., concur.