Legal Opinion

Cordova v. Blackstock

Court of Appeals of Utah

Decided October 13, 1993No. 920370-CAPublishedCited by 3 opinions

1Opinion of the Court

JACKSON, Judge:

The Department of Public Safety, Drivers License Division (the Department) appeals the district court’s grant of plaintiff’s motion to vacate and set aside the administrative order of the Department based upon the “residuum of competent evidence rule.” 1 We reverse and remand.

FACTS

The facts in this case are undisputed. On January 24, 1992, Judy Cordova was arrested for driving under the influence of an intoxicating beverage. The arresting officer requested that she submit to a chemical breath test and she agreed to do so. The test results indicated that her breath-alcohol…

2Cases cited5 opinions

  1. Albertsons, Inc. v. Department of Employment SecurityCourt of Appeals of Utah · 1993
  2. Yacht Club v. Utah Liquor Control CommissionUtah Supreme Court · 1984
  3. Brinkerhoff v. SchwendimanCourt of Appeals of Utah · 1990
  4. Southern Utah Wilderness Alliance v. Board of State Lands & ForestryUtah Supreme Court · 1992
  5. Kirk v. Division of Occupational & Professional Licensing, Department of CommerceCourt of Appeals of Utah · 1991

3Cited by3 opinions

  1. Archer v. Board of State Lands & ForestryUtah Supreme Court · 1995
  2. Bryner v. Department of Public SafetyCourt of Appeals of Utah · 2016
  3. Christensen v. RolfeCourt of Appeals of Utah · 2014

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