TRUDY NOLEN BRYANT, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF PHILLIP WALLACE BRYANT, AND TRUDY NOLEN BRYANT, INDIVIDUALLY, APPELLANTS,
v.
LARRY R. BUERMAN, APPELLEE

Fla. 4th DCA | 1999-12-01
Nos. 98-2391, 98-2867
WARNER, C.J., KLEIN and TAYLOR, JJ., concur.
752 So. 2d 625 Florida District Court of Appeal, Fourth District (1999) Positive Treatment
Cited by 8 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We deny appellee’s motion for rehearing. We are writing only to address the response filed by appellate counsel for the appellants, who regularly appear in this court. This response appears to be identical to the responses filed by these counsel to all motions for rehearing in their cases. The response, notwithstanding that it is four pages in length and cites a number of cases, makes only one point, which is that the motion for rehearing violates Florida Rule of Appellate Procedure 9.330(a), which provides that motions for rehearing “shall not re-argue the merits of the court’s order.” The response contains not a single word addressing the substance of the motion for rehearing.

We are writing in this case to advise all counsel that this type of response, which does not address the merits of a motion for rehearing, serves no useful purpose. If counsel do not intend to respond to the merits of a motion for rehearing, they need not file a response. When counsel do respond, they should concentrate on the merits, not whether the motion violates the rule. When a motion for rehearing demonstrates that we have made a mistake, correcting that mistake is our concern, not whether the motion re-argues the merits. Because of the high volume of meritless motions for rehearing which we receive, the ones most likely to get our attention are short and to the point. The same can be said for responses.

WARNER, C.J., KLEIN and TAYLOR, JJ., concur.


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  • Origi v. State, 912 So. 2d 69 (Fla. 4th DCA 2005)
    …temporarily detain a driver for a DUI investigation based upon a reasonable suspicion. The purpose of such investigation is to determine whether probable cause exists for a DUI arrest. See State, Dep’t of Highway Safety & Motor Vehicles v. Haskins, 752 So. 2d 625, 627 (Fla. 2d DCA 1999). A reasonable suspicion “is one which has a factual foundation in the circumstances observed by the officer, when those circumstances are interpreted in the light of the officer’s knowledge and experience.” See State v. Davi…
  • State v. Porter, 791 So. 2d 32 (Fla. 2d DCA 2001)
    …d the essential requirements of law; and (3) whether the agency’s findings and judgment are supported by competent substantial evidence. Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523 (Fla.1995); Dep’t of Highway Safety & Motor Vehicles v. Haskins, 752 So. 2d 625 (Fla. 2d DCA), review denied, 763 So. 2d 1043 (Fla.2000). Here, the circuit court took issue with the hearing officer’s determination that the “fellow officer rule” gave Deputy Watson probable cause to believe that Porter had been operating his veh…
  • Dep't of Hwy. Safety & Motor Vehicles v. Rose, 105 So. 3d 22 (Fla. 2d DCA 2012)
    …les v. Silva, 806 So. 2d 551, 554 (Fla. 2d DCA 2002) (holding that circuit court improperly rejected trial court’s findings and made its own determination that no probable cause existed); see also Dep’t of Highway Safety & Motor Vehicles v. Haskins, 752 So. 2d 625, 627 (Fla. 2d DCA 1999) (holding that circuit court applied the incorrect law when it “reviewed the evidence and formed its own opinion, without deference to the findings of the hearing officer”). In ruling that the evidence did not support the hea…

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