GARY BERNE, PETITIONER,
v.
FLORIDA DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, RESPONDENT
GARY BERNE, PETITIONER,
FLORIDA DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, RESPONDENT
84 So. 3d 257
Florida Supreme Court (2012)
Positive Treatment
Cited by 1 case
Opinion of the Court
We initially accepted jurisdiction to review Florida Department of Highway Safety & Motor Vehicles v. Berne, 49 So.3d 779 (Fla. 5th DCA 2010), review granted, 65 So.3d 515 (Fla.2011) (table), on the basis that the decision of the district court expressly and directly conflicts with a decision of this Court and the decision of another district court of appeal. After further, full consideration, we have determined that we should exercise our discretion and discharge jurisdiction. Accordingly, we dismiss this case.
It is so ordered.
LABARGA and PERRY, JJ., concur.
CANADY, C.J., PARIENTE, and POLSTON, JJ., concur in result.
LEWIS and QUINCE, JJ., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dep't of Hwy. Safety & Motor Vehicles v. Gino Dellacava, 100 So. 3d 234 (Fla. 5th DCA 2012)…titioner’s allegation that the Intoxilyzer 8000 utilized herein is not an approved instrument the department has cited the case of Department of Highway Safety and Motor Vehicles [v. Berne], 49 So. 3d 779 ( [*236] [Fla. 5th DCA] 2010), rev. denied, [84 So. 3d 257], 37 Fla. L. Weekly S161 (Fla.2012), which reversed the Circuit Court of Orange County and held that the Intoxilyzer 8000 was an approved instrument if it is used with software evaluated by FDLE in accordance with Instrument Evaluation Procedures FD…
Authorities Cited
- Dep't of Hwy. Safety & Motor Vehicles v. Berne, 49 So. 3d 779 (Fla. 5th DCA 2010)