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Department of Highway Safety and Motor Vehicles v. Pitts5/2/2002
tervene and grant certiorari relief. See Ivey, 774 So. 2d at 683. In urging us to conclude that the hearing officer's conduct did not rise to the level of a denial of fundamental due process, the Department is doing nothing more than asking us to second- guess the circuit court -- which we do not possess the authority to do. Id.
Finally, we do not address the Department's argument that, even if an evidentiary error was made in the administrative hearing, the proper remedy was for the circuit court to remand for further proceedings. See Lillyman v. Dep't of Highway Safety and Motor Vehicles, 645 So. 2d 113 (Fla. 5th DCA 1994). The Department failed to raise this argument in the proceeding below and, thus, has not preserved it for appellate review. See Sun Ray Homes, Inc. v. County of Dade, 166 So. 2d 827 (Fla. 3d DCA 1964).
The petition for writ of certiorari is DENIED.
ERVIN AND LEWIS, JJ., CONCUR.
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