STRATTON OF FLORIDA, INC. AND ST. PAUL FIRE AND MARINE INSURANCE COMPANY, APPELLANTS,

v.

ROBERT E. WOOLLEY, CHARLES M. SWEENEY, MINNESOTA HOTEL COMPANY, INC. (F/ K/A ROBERT E. WOOLLEY, INC.), LANDMARK SUITES OF AMERICA, INC., REW CYPRESS CREEK LIMITED PARTNERSHIP, AND CMS CYPRESS CREEK LIMITED PARTNERSHIP, APPELLEES

Citator

Cited By

• State v. Whelan, 728 So. 2d 807 (Fla. 3d DCA 1999)
  …iety test results. VI. As an alternative ground for suppression of the HGN test results, the defendant argues that such results are inadmissible in light of this court’s recent decisions in Williams v. State, 710 So. 2d at 36, and Faires v. State, 711 So. 2d 597, 598 (Fla. 3d DCA 1998). Both of those decisions were announced after the entry of the suppression order now on appeal. Our reversal is without prejudice to the defendant to raise the issue in the trial court. Reversed and remanded for further proc…
• Robinson v. State, 982 So. 2d 1260 (Fla. 1st DCA 2008)
  …have not, however, adopted the rule that obtains in the Third District, which requires "a confirmatory blood, breath, or urine test before HGN evidence is admissible.” Bowen v. State, 745 So. 2d 1108, 1109 (Fla. 3d DCA 1999) (citing Faires v. State, 711 So. 2d 597, 598 (Fla. 3d DCA 1998)). . A law enforcement officer testified at trial as follows: Q: And the Horizontal Gaze Nystagmus— A: This is a known exercise to determine if someone’s had alcoholic intake. Q: What did you do? A: I used a pen, held it…
• Bowen v. State, 745 So. 2d 1108 (Fla. 3d DCA 1999)
  …resses concerns about the reliability of the HGN test at roadside, the case law in this district addresses that problem by holding that there must be a confirmatory blood, breath, or urine test before HGN evidence is admissible. See Faires v. State, 711 So. 2d 597, 598 (Fla. 3d DCA 1998); Williams, 710 So. 2d at 36. It is true that Williams said, “The ... HGN test was properly administered by a qualified DRE and thus there was no abuse of discretion in the trial court’s admission of the evidence.” 710 So. 2d…

Authorities Cited

• White v. State, 358 So. 2d 577 (Fla. 4th DCA 1978)
• Garrido v. Markus, 358 So. 2d 577 (Fla. 3d DCA 1978)
• O'Neill v. Boden-Wert Real Est. USA Fonds I, Ltd., 599 So. 2d 1045 (Fla. 2d DCA 1992)