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The Ninth Judicial Circuit Court granted Mr. Lynn's motion to correct factual inaccuracies in its prior order denying a petition for writ of certiorari, correcting the attribution of observations to the wrong officer and the breath test results. The court denied his motion for rehearing as untimely.
The Court denied the motion for rehearing as untimely under Florida Rule of Appellate Procedure 9.330(a) and granted the motion to correct information, correcting the attribution of the odor of alcohol detection to Officer MacAllaster and the breath test results to .113 and .128.
[1] A motion for rehearing or clarification must be filed within fifteen days of an order.
[2] Untimely motions for rehearing or clarification are subject to denial.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Florida Rule of Appellate Procedure 9.330(a) provides that a motion for rehearing or clarification may be filed within fifteen days of an order.”
Establishes the procedural requirement for timeliness of rehearing motions
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe underlying case involved observations made by two officers, Officer Puig and Officer MacAllaster, regarding Mr. Lynn during what appears to be a t…
The full statement of facts, procedural history, and disposition for this case are member content.
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IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA
THOMAS LYNN,
CASE NO.: 2006-CA-2261-O
WRIT NO.: 06-27
Petitioner,
v. STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,
Respondent. __________________________________/
ORDER ON PETITIONER’S MOTION FOR REHEARING AND MOTION TO CORRECT FINAL JUDGMENT
THIS MATTER came before this Court on “Mr. Lynn’s Motion for Rehearing and Clarification,” filed on June 19, 2007, and on “Mr. Lynn’s Motion for Correction of Information Contained Within The Court’s May 30, 2007 Order Denying Petition For Writ of Certiorari,” filed on June 21, 2007. The Court finds as follows:
Florida Rule of Appellate Procedure 9.330(a) provides that a motion for rehearing or clarification may be filed within fifteen days of an order. Here, the “Final Order Denying Petition for Writ of Certiorari” was entered on May 30, 2007. The Petitioner filed his motion for rehearing and clarification on June 19, 2007. Thus, the motion for rehearing is untimely and therefore, it is denied.
In his motion to correct facts in the final order, the Petitioner asserts that language in the final order attributes observations made by the second officer on the scene, Officer MacAllaster, to the first officer, Officer Puig. After reviewing the pertinent language, the Court finds that there is only one instance where observations made by Officer
2 MacAllaster are seemingly attributed to Officer Puig. Thus, on page five, paragraph number four, the second to the last sentence is corrected to reflect that it was the second officer who detected the strong odor of alcohol on the Petitioner. The Petitioner additionally contends that the final order incorrectly states that the results of the Petitioner’s breath tests were .113 and .178 when in fact the results were .113 and .128. After reviewing the record, the Petitioner is correct that the breath test results were .113 and .128.
Based on the foregoing, it is hereby ORDERED AND ADJDUGED as follows: 1. “Mr. Lynn’s Motion for Rehearing and Clarification” is DENIED. 2. “Mr. Lynn’s Motion for Correction of Information Contained Within The Court’s May 30, 2007 Order Denying Petition For Writ of Certiorari” is GRANTED. On page five, paragraph number four, the second to the last sentence is corrected to reflect that it was the second officer who detected the strong odor of alcohol on the Petitioner. The final order is corrected to reflect that the Petitioner’s breath test results were .113 and .128. DONE AND ORDERED in Chambers, at Orlando, Orange County, Florida on this _________day of ____________, 2007.