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9th Cir. Ct. App. Div.·
2012-10-16
Victor Wichrowski appealed the Department of Highway Safety and Motor Vehicles' suspension of his driver's license for driving with an unlawful breath alcohol level. The Ninth Judicial Circuit Court denied his petition for writ of certiorari, upholding the suspension and finding
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9th Cir. Ct. App. Div.·
2012-10-06
Corey Swearingen petitioned for certiorari review of the Department of Highway Safety and Motor Vehicles' final order sustaining his driver's license suspension for driving with an unlawful breath alcohol level. The Ninth Judicial Circuit Court denied the petition, finding that t
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15th Cir. Ct. App. Div.·
2012-10-05
Tucker challenges his driver's license suspension, arguing that the Florida Department of Highway Safety and Motor Vehicles (DHSMV) violated his procedural due process rights by failing to provide timely notice of a formal review hearing within the statutory 30-day period. The co
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9th Cir. Ct. App. Div.·
2012-10-03
Jonathan Morgan petitioned for certiorari review of an administrative license suspension imposed for refusing a blood test following a traffic crash. The court upheld the suspension, finding the trooper had reasonable cause to believe Morgan was driving under the influence and wa
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9th Cir. Ct. App. Div.·
2012-10-02
Amar Patel sought certiorari review of the Department of Highway Safety and Motor Vehicles' order sustaining his driver's license suspension for driving with an unlawful breath alcohol level (0.188 and 0.194). The Ninth Judicial Circuit Court affirmed the suspension, rejecting Pa
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9th Cir. Ct. App. Div.·
2012-09-04
In a certiorari review of a license suspension arising from a DUI arrest and refusal to submit to testing, the Ninth Judicial Circuit denied the petitioner's petition but issued a critical warning to administrative hearing officers that they are bound by circuit appellate decisio
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9th Cir. Ct. App. Div.·
2012-09-01
An appellate court reviewed a petitioner's motion for rehearing challenging a license suspension based on defective affidavits used in an administrative proceeding. The court found that the affidavits lacked proper notarization and could not be supported by competent substantial
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95 So. 3d 982·
Fla. 2d DCA·
2012-08-22
Norma Griffith appeals the termination of her power of attorney, arguing she was never properly served with process. The appellate court reverses, holding that a judgment entered without proper service of process is void and must be set aside, regardless of the underlying merits
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9th Cir. Ct. App. Div.·
2012-08-01
Debra Morefield challenged the Florida Department of Highway Safety and Motor Vehicles' suspension of her driver's license for refusing to submit to a breath test following a DUI arrest. The Ninth Judicial Circuit Court affirmed the suspension, finding competent substantial evide
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699 F. App'x 783·
S.D. Fla.·
2012-07-13
Officers Roque and Gonzalez are entitled to qualified immunity for the destruction of the vessel, and the City of Miami is not liable under § 1983 for the alleged constitutional violations.
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9th Cir. Ct. App. Div.·
2012-07-08
John Kiser sought certiorari review of an administrative order suspending his driver's license for driving with an unlawful breath-alcohol level (.107-.108). The court denied his petition, finding the Department met its burden to prove substantial compliance with FDLE testing rul
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9th Cir. Ct. App. Div.·
2012-06-08
Scott Fortune challenged the suspension of his driver's license for refusing a breath-alcohol test. The Ninth Judicial Circuit, Appellate Division, affirmed the Department of Highway Safety and Motor Vehicles' Final Order sustaining the suspension, finding that competent substant
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89 So. 3d 1050·
Fla. 4th DCA·
2012-05-30
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15th Cir. Ct. App. Div.·
2012-05-21
A property owner challenged the annexation of her property by the Village of Tequesta under an Interlocal Agreement. The court held that the property did not meet the statutory definition of an "enclave" because it was not bordered on all sides by the municipality and had potenti
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15th Cir. Ct. App. Div.·
2012-04-01
Equestrian Sport Productions sought a writ of certiorari challenging the Village of Wellington's denial of an extension to comply with real property platting requirements. The court denied the petition, finding that while the Village Council's decision was troubling and came dang
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9th Cir. Ct. App. Div.·
2012-03-09
Stevie Espinoza sought certiorari review of the Department of Highway Safety and Motor Vehicles' final order sustaining her driver's license suspension for driving with an unlawful breath alcohol level. The Ninth Judicial Circuit Court denied her petition, holding that evidence a
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80 So. 3d 1061·
Fla. 1st DCA·
2012-02-14
Florida Mobile Home Relocation Corporation sought second-tier certiorari review of a circuit court order that reversed FMHRC's decision requiring August Spreng to reimburse relocation assistance. The District Court of Appeal reversed the circuit court, finding it failed to addres
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9th Cir. Ct. App. Div.·
2012-02-09
Edward Prieto sought certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license for refusing to submit to a breath test. The Ninth Judicial Circuit Court affirmed the suspension, finding that despite Prieto's initial ambig
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9th Cir. Ct. App. Div.·
2012-02-07
Ana Mancini petitioned for certiorari review of a driver's license suspension resulting from a DUI arrest. The Ninth Judicial Circuit Court affirmed the administrative suspension, holding that the petitioner was properly advised of implied consent warnings and that her breath tes
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9th Cir. Ct. App. Div.·
2012-01-18
Richard Webster challenged the suspension of his driver's license for driving with an unlawful breath alcohol level following a DUI arrest. The appellate court upheld the administrative agency's decision to sustain the license suspension, finding the Department substantially comp
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9th Cir. Ct. App. Div.·
2012-01-09
Alberto Correa petitioned for certiorari review of an administrative order suspending his driver's license for refusing a breath-alcohol test. The appellate court affirmed the suspension, holding that law enforcement had probable cause to stop and arrest Correa based on observabl
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9th Cir. Ct. App. Div.·
2012-01-07
The court reviewed a license suspension following Petitioner's DUI arrest and upheld the suspension, rejecting Petitioner's argument that the concurrent Marchman Act process (involuntary commitment for substance abuse) nullified his DUI arrest. The court held that the Marchman Ac
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9th Cir. Ct. App. Div.·
2012-01-05
The Ninth Judicial Circuit Court denied Carrie Keen's petition for writ of certiorari challenging the Department of Highway Safety and Motor Vehicles' suspension of her driver's license based on breath test results. The court rejected her arguments regarding improper access to th
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9th Cir. Ct. App. Div.·
2012-01-04
Charles Lounsberry petitioned for certiorari review of a Department of Highway Safety and Motor Vehicles order suspending his driver's license for refusing to provide a second breath sample during a DUI investigation. The court affirmed the suspension, holding that Florida Admini
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9th Cir. Ct. App. Div.·
2012-01-04
Petitioner sought certiorari review of the Florida Department of Highway Safety and Motor Vehicles' order sustaining suspension of his driver's license following a DUI investigation. The court denied the petition, finding that competent substantial evidence supported the suspensi
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9th Cir. Ct. App. Div.·
2011-12-02
Kenneth Wood petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license for unlawful breath-alcohol levels. The Ninth Judicial Circuit Court affirmed the license suspension, finding that the Department met i
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9th Cir. Ct. App. Div.·
2011-11-29
Carlos Saenz challenges the Department of Highway Safety and Motor Vehicles' suspension of his driver's license for refusing to submit to a breath test. The court affirmed the suspension, finding competent substantial evidence that Saenz failed to provide valid breath samples aft
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9th Cir. Ct. App. Div.·
2011-10-07
Scott Blanchard sought certiorari review of the Florida Department of Highway Safety and Motor Vehicles' license suspension for driving with an unlawful breath-alcohol level (.136 and .130). The Ninth Circuit upheld the suspension, finding that the traffic stop was lawful based o
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9th Cir. Ct. App. Div.·
2011-10-06
Benjamin Verlander appealed the suspension of his driver's license for driving with an unlawful breath-alcohol level (.112 and .101). The Ninth Judicial Circuit Court granted his petition for writ of certiorari, finding that the traffic stop was unlawful because no evidence showe
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9th Cir. Ct. App. Div.·
2011-10-04
Justin Murray petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license based on a breath test showing unlawful alcohol levels. The court granted the petition and quashed the suspension order, finding that
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9th Cir. Ct. App. Div.·
2011-09-03
Matthew James Spriggs appealed an administrative license suspension imposed by the Florida Department of Highway Safety and Motor Vehicles after his refusal to submit to breath and urine tests following a DUI arrest. The circuit court affirmed the suspension, finding that the hea
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15th Cir. Ct. App. Div.·
2011-08-26
Rivera challenges the suspension of her driver's license based on the invalidity of the breath test operator's and agency inspector's permits. The court held that the permits had expired and were not renewed as required by administrative rules, rendering the breath test results i
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15th Cir. Ct. App. Div.·
2011-08-13
Boivin challenges the suspension of his driver's license following a DUI arrest, arguing that the breath test results were inadmissible because the Agency Inspector lacked a valid permit to conduct the required monthly inspection of the breathalyzer machine. The court holds that
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9th Cir. Ct. App. Div.·
2011-08-05
Craig Rose petitioned for certiorari review challenging the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license for driving with an unlawful breath-alcohol level. The Ninth Judicial Circuit Court granted the petition because the hearing off
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9th Cir. Ct. App. Div.·
2011-08-04
The Ninth Judicial Circuit Court granted Jeffrey Bulmer's petition for writ of certiorari, quashing the Department of Highway Safety and Motor Vehicles' suspension of his driver's license. The court found that the hearing officer violated Bulmer's procedural due process rights by
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9th Cir. Ct. App. Div.·
2011-08-01
Petitioner sought certiorari review of an administrative suspension of her driver's license for driving with an unlawful breath-alcohol level. The court rejected her argument that the breath samples were not obtained within the required 15-minute window, finding the samples were
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9th Cir. Ct. App. Div.·
2011-07-20
Michael Sifrar sought certiorari review of his driver's license suspension for an unlawful breath alcohol level. The Ninth Judicial Circuit Court granted the writ, quashing the hearing officer's final order, finding that the hearing officer violated due process by failing to issu
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9th Cir. Ct. App. Div.·
2011-07-03
The Ninth Judicial Circuit Court granted a petition for writ of certiorari challenging an administrative suspension of a driver's license for unlawful breath-alcohol level. The court found that the hearing officer violated procedural due process by refusing to issue subpoenas for
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65 So. 3d 1103·
Fla. 4th DCA·
2011-06-29
Campbell sought certiorari review of a circuit court's affirmance of a county court order denying his rule 3.850 postconviction motion, which challenged his 1988 misdemeanor battery plea based on alleged victim recantation. The district court denied the petition, finding no proce
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61 So. 3d 1292·
Fla. 4th DCA·
2011-06-08
Florida appellate court affirmed convictions for corruption by threat and second direct criminal contempt, but reversed the first direct criminal contempt conviction because the trial court improperly tried and sentenced the defendant for contempt while a competency hearing was p
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9th Cir. Ct. App. Div.·
2011-05-09
Michael Lindsay challenges the Department of Highway Safety and Motor Vehicles' suspension of his driver's license following a DUI arrest with breath alcohol results of 0.148 and 0.164. The appellate court denies his petition for certiorari review, upholding the suspension based
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9th Cir. Ct. App. Div.·
2011-02-03
Petitioner Alexander Westby challenged the administrative suspension of his driver's license for driving under the influence, arguing the suspension was not supported by competent substantial evidence that he was lawfully detained. The appellate court upheld the suspension, findi
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52 So. 3d 838·
Fla. 5th DCA·
2011-01-28
Gianthony Homes and Avondale Diversified appeal from an ex parte order setting aside a foreclosure sale in which they were the high bidders and had received a certificate of title. The court reversed, finding that the appellants' procedural due process rights were violated becaus
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15th Cir. Ct. App. Div.·
2011-01-13
A condominium owner appealed a code enforcement violation finding, arguing the Special Magistrate failed to make sufficient findings of fact to support the determination that he violated the Florida Building Code by failing to obtain a new Certificate of Occupancy. The appellate
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50 So. 3d 753·
Fla. 1st DCA·
2010-12-28
The Florida First District Court of Appeal granted the Justice Administrative Commission's petition for writ of certiorari, quashing a trial court's final order awarding attorney's fees because the trial court adopted the opposing party's proposed order verbatim without allowing
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747 F. Supp. 2d 1362·
S.D. Fla.·
2010-10-06
A federal employee hired under a temporary appointment (38 U.S.C. § 7405(a)(1)(A)) is not entitled to constitutional due process protections prior to the revocation of medical staff privileges or termination, as neither federal statutes nor relevant VA regulations create a proper
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9th Cir. Ct. App. Div.·
2010-08-21
Phillip Parker sought certiorari review of the Department of Highway Safety and Motor Vehicles' final order upholding the suspension of his driver's license after he was arrested for driving under the influence with breath test results of 0.224 and 0.227. The court denied his pet
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9th Cir. Ct. App. Div.·
2010-08-21
Brandi Dix sought certiorari review of the Department of Highway Safety and Motor Vehicles' final order sustaining the suspension of her driver's license for driving with an unlawful breath alcohol level. The court denied her petition, finding the hearing officer properly admitte
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Del. Super. Ct.·
2010-07-15
The Court affirmed the Town of Elsmere's decision to terminate Chief of Police Liam P. Sullivan. The Court held that the Town's ordinances were properly enacted to comply with state statute, and thus the prior internal rules did not need to be applied. Furthermore, the Court foun
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720 F. Supp. 2d 1351·
M.D. Fla.·
2010-06-28
The court held that the plaintiff's waiver of his right to access peer review materials was valid, dismissing claims based on the nondisclosure of those materials. However, claims challenging the vagueness and overbreadth of the peer review criterion itself were not dismissed bas