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Doc. Date Docketed Description Filed by Notes
12/11/2008 NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT) PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Heather Rose Cramer 901600
12/17/2008 NOTICE-DISCRETIONARY JURIS (CROSS) RS George Mclaughlin BY: RS Tony C. Dodds 650201
12/17/2008 JURIS INITIAL BRIEF PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Heather Rose Cramer 901600 W/APPENDIX (O&5 AND E-MAIL)
12/22/2008 No Fee - State
01/06/2009 JURIS ANSWER/CROSS JURIS INITIAL BRIEF RS George Mclaughlin BY: RS Tony C. Dodds 650201 O&5 & E-MAIL
03/19/2009 ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) TO VIEW ORDER SEE SC08-2330.
03/27/2009 MAIL RETURNED RS George Mclaughlin BY: RS Tony C. Dodds 650201 ORDER DATED MARCH 19, 2009 ---03/30/09 - FORWARDED TO REGISTERED BAR ADDRESS
04/13/2009 INITIAL BRIEF-MERITS PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Douglas D. Sunshine 935263 W/APPENDIX (O&7 & E-MAIL) (06/04/2009: 4 COPIES OF INITIAL BRIEF & APPENDIX FILED)
04/14/2009 RECORD/TRANSCRIPT Hon. James Birkhold BY: Hon. James Birkhold 2 CONSTRUED VOLS. RECORD
04/28/2009 MOTION-AMICUS CURIAE MR Florida Association of Criminal Defense Lawyers, Inc. BY: MR Michael R. Ufferman 114227 O&7
05/01/2009 RESPONSE PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Douglas D. Sunshine 935263 TO FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYER'S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF (O&7)
05/05/2009 ORDER-AMICUS CURIAE GR 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).
05/11/2009 ANSWER BRIEF-MERITS RS George Mclaughlin BY: RS Tony C. Dodds 650201 O&7 & E-MAIL
05/18/2009 AMICUS CURIAE ANSWER BRIEF-MERITS MR Florida Association of Criminal Defense Lawyers, Inc. BY: MR Michael R. Ufferman 114227 O&7 & E-MAIL
05/22/2009 MAIL RETURNED 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)
05/26/2009 MAIL RETURNED 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)
06/03/2009 REPLY BRIEF-MERITS PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Heather Rose Cramer 901600 O&3 & E-MAIL (06/08/2009: 4 COPIES FILED)
06/08/2009 LETTER Judy Medina BY: Judy Medina RE: TRANSMITTAL OF 4 COPIES OF REPLY BRIEF-MERITS
06/16/2009 MOTION-STRIKE PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Douglas D. Sunshine 935263 AMICUS BRIEF OF THE FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS IN SUPPORT OF RESPONDENT, GEORGE F. MCLAUGHLIN (O&7)
07/06/2009 CERTIFICATE OF SERVICE (AMD) FOR MOTION TO STRIKE PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Douglas D. Sunshine 935263
07/07/2009 ORAL ARGUMENT CALENDAR
07/07/2009 ORDER-OA SCHED (PREV ACCEPTED) TO VIEW ORDER SEE SC08-2330.
07/13/2009 ORDER-STRIKE DY 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.
10/08/2009 ORAL ARGUMENT HELD
06/09/2011 DISP-APPROVED 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.
06/24/2011 MOTION-REHEARING PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Douglas D. Sunshine 935263 (RC) FILED AS "MOTION FOR CLARIFICATION" (E-MAIL)
07/27/2011 NOTICE-SUPPLEMENTAL AUTHORITY PT Florida Department Of Highway Safety And Motor Vehicles DHSMV BY: PT Douglas D. Sunshine 935263 E-MAIL (07/28/2011: 7 COPIES FILED)
11/10/2011 DISP-REHEARING DY IN LIGHT OF REVISED OPINION 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)
12/09/2011 MANDATE CC: COUNSEL
03/02/2012 ARCHIVES File