State, Department of Highway Safety & Motor Vehicles v. Walsh

BILBREY, J.,

dissents... I respectfully dissent.. There is no question that the circuit court erred in concluding State, Department of Highway Safety and Motor Vehicles v. Abbey, 745 So.2d 1024 (Fla. 2d DCA 1999), was not binding upon it.2 But this legal error does not constitute a miscarriage of justice, and therefore, second-tier certiorari review is not available to the Department.

Mere legal error is not a basis for granting second-tier certiorari review. Custer Med. Ctr. v. United Auto. Ins, Co., 62 So.3d 1086, 1093 (Fla.2010). It is not the existence of error which matters, but the…