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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12/11/2008
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NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
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PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Heather Rose Cramer 901600
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12/17/2008
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NOTICE-DISCRETIONARY JURIS (CROSS)
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RS George Mclaughlin BY: RS Tony C. Dodds 650201
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12/17/2008
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JURIS INITIAL BRIEF
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PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Heather Rose Cramer 901600
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W/APPENDIX (O&5 AND E-MAIL)
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12/22/2008
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No Fee - State
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01/06/2009
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JURIS ANSWER/CROSS JURIS INITIAL BRIEF
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RS George Mclaughlin BY: RS Tony C. Dodds 650201
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O&5 & E-MAIL
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03/19/2009
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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TO VIEW ORDER SEE SC08-2330.
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03/27/2009
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MAIL RETURNED
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RS George Mclaughlin BY: RS Tony C. Dodds 650201 ORDER DATED MARCH 19, 2009 ---03/30/09 - FORWARDED TO REGISTERED BAR ADDRESS
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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) (06/04/2009: 4 COPIES OF INITIAL BRIEF & APPENDIX FILED)
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04/14/2009
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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2 CONSTRUED VOLS. RECORD
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04/28/2009
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MOTION-AMICUS CURIAE
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MR Florida Association of Criminal Defense Lawyers, Inc. BY: MR Michael R. Ufferman 114227
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O&7
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05/01/2009
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RESPONSE
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PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Douglas D. Sunshine 935263
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TO FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYER'S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF (O&7)
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05/05/2009
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Florida Association of Criminal Defense Lawyers is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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05/11/2009
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ANSWER BRIEF-MERITS
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RS George Mclaughlin BY: RS Tony C. Dodds 650201
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O&7 & E-MAIL
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05/18/2009
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Florida Association of Criminal Defense Lawyers, Inc. BY: MR Michael R. Ufferman 114227
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O&7 & E-MAIL
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05/22/2009
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MAIL RETURNED
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COPY OF TITLE PAGE OF AMICUS CURIAE BRIEF FILED 05/18/2009, FORWARDED TIME EXPIRED, RETURN TO SENDER (RESENT TO 2022-1 RAYMOND DIEHL ROAD, TALLAHASSEE, FL 32308)
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05/26/2009
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MAIL RETURNED
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COPY OF TITLE PAGE OF AMICUS CURIAE BRIEF FILED 05/18/2009, FORWARDED TIME EXPIRED, RETURN TO SENDER (05/26/2009: MESSANGER WILL PICK UP ON 05/27/2009)
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06/03/2009
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REPLY BRIEF-MERITS
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PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Heather Rose Cramer 901600
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O&3 & E-MAIL (06/08/2009: 4 COPIES FILED)
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06/08/2009
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LETTER
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Judy Medina BY: Judy Medina
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RE: TRANSMITTAL OF 4 COPIES OF REPLY BRIEF-MERITS
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06/16/2009
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MOTION-STRIKE
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PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Douglas D. Sunshine 935263
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AMICUS BRIEF OF THE FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS IN SUPPORT OF RESPONDENT, GEORGE F. MCLAUGHLIN (O&7)
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07/06/2009
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CERTIFICATE OF SERVICE (AMD)
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FOR MOTION TO STRIKE PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Douglas D. Sunshine 935263
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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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TO VIEW ORDER SEE SC08-2330.
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07/13/2009
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ORDER-STRIKE DY
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Petitioner's Motion to Strike Amicus Brief of the Florida Association of Criminal Defense Lawyers in Support of Respondent, George F. McLaughlin is hereby denied.
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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-APPROVED
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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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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 TO REFLECT THE 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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03/02/2012
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ARCHIVES
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