Lee v. State, 79-814
| Decision Date | 29 August 1979 |
| Docket Number | No. 79-814,79-814 |
| Citation | 374 So.2d 1094 |
| Parties | Kay A. LEE, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida District Court of Appeals |
Lawrence U. L. Chandler of Hamilton, James, Merkle & Young, West Palm Beach, for petitioner.
Jim Smith, Atty. Gen., Tallahassee, and Mary E. Marsden, Asst. Atty. Gen., West Palm Beach, for respondent.
Petitioner seeks a Writ of Certiorari to the Circuit Court to review an order affirming a traffic court conviction of careless driving, a traffic infraction. We have jurisdiction under Florida Rule of Appellate Procedure 9.030(b)(2)(B). We grant certiorari and quash the order appealed.
As has been often stated our jurisdiction to review orders of the circuit court acting in its appellate capacity is limited to cases in which the circuit court departed from the essential requirements of law. Dresner v. City of Tallahassee, 164 So.2d 208 (Fla.1964).
In Dresner it was said:
(Id. at 211).
Petitioner Lee was charged with careless driving and at her traffic hearing, which was reported by a court reporter and conducted by a Palm Beach County judge, there was absolutely no evidence the petitioner was involved in the matter. The following is a verbatim recount of the Entire record of the trial in this matter:
MR. CHANDLER: Good afternoon, Your Honor.
My name is Lawrence Chandler. I'm here on behalf of Kay Lee. We will not be putting on any evidence, Judge.
(Whereupon, all prospective witnesses were duly sworn by the Court.)
Do you want to ask him any questions?
Q. You didn't see the accident?
A. No.
Q. You say it was heavy traffic.
A. Yes.
Q. This was also within the city limits wasn't it?
A. Yes.
Q. Where the speed limit is 20 or 30?
A. Yes, sir.
Q. Okay. No further questions.
It is appropriate to quote the words of Judge McNulty from Clermont Marine Sales, Inc. v. Harmon, 347 So.2d 839 at 841 (Fla. 2d DCA 1977):
We agree that certiorari should not be available for the purpose of...
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