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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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12/08/2008
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Douglas D. Sunshine 935263
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(DCA CERTIFIED COPY FILED 12/12/2008)
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12/12/2008
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No Fee - State
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03/19/2009
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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The Court accepts jurisdiction of the above cases and they are hereby consolidated for the purpose of oral argument. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.
Petitioner's initial brief on the merits shall be served on or before April 13, 2009; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits. Please file an original and seven copies of all briefs.
The Clerks of the First and Second District Courts of Appeal shall file the original record which shall be properly indexed and paginated on or before May 19, 2009. The record shall include the briefs filed in the district court separately indexed.
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04/13/2009
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INITIAL BRIEF-MERITS
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PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Douglas D. Sunshine 935263
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W/APPENDIX (O&7 & E-MAIL)
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05/08/2009
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ANSWER BRIEF-MERITS
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RS William Hernandez BY: RS Susan Helen Cohen 515787
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O&7 & E-MAIL
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05/19/2009
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RECORD/TRANSCRIPT
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Jon S. Wheeler BY: Jon S. Wheeler
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1 VOL. CC PAPERS & 3 VOLS. RECORD
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06/01/2009
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REPLY BRIEF-MERITS
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PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Douglas D. Sunshine 935263
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O&7 & E-MAIL
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07/07/2009
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ORAL ARGUMENT CALENDAR
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07/07/2009
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Thursday, October 8, 2009.
A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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09/29/2009
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS William Hernandez BY: RS Susan Helen Cohen 515787
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O&7 & E-MAIL
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10/08/2009
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ORAL ARGUMENT HELD
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06/09/2011
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DISP-QUASHED
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For the foregoing reasons, we answer the first rephrased certified question in the negative and hold that the DHSMV cannot suspend a driver's license for refusal to submit to a breath test if the refusal is not incident to a lawful arrest. We answer the second rephrased certified question in the affirmative and hold that the issue of whether the refusal was incident to a lawful arrest is within the allowable scope of review of the DHSMV hearing officer. Accordingly, we quash the decision of the Second District in McLaughlin. We approve the decision of the First District in Hernandez and the reasoning of the Fifth District in Pelham.
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06/24/2011
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MOTION-REHEARING
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PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Douglas D. Sunshine 935263
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(RC) FILED AS "MOTION FOR CLARIFICATION" (E-MAIL)
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06/30/2011
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RESPONSE
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RS William Hernandez BY: RS Susan Helen Cohen 515787
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TO MOTION FOR CLARIFICATION
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07/27/2011
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Douglas D. Sunshine 935263
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E-MAIL (07/28/2011: 7 COPIES FILED)
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11/10/2011
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DISP-REHEARING DY IN LIGHT OF REVISED OPINION
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In light of the revised opinion, the Petitioner's Motion for Clarification is hereby denied. (11/17/2011: AMENDED ORDER TO REFLECT CORRECT SPELLING OF JUSTICE LABARGA.)
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12/09/2011
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MANDATE
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CC: COUNSEL
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12/09/2011
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RECORD/TRANSCRIPT RETURNED
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Jon S. Wheeler BY: Jon S. Wheeler
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3 VOLUMES RECORD
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03/02/2012
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ARCHIVES
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File
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