JOHN ROBERTSON, JUDGE OF THE MUNICIPAL COURT, CITY OF ORLANDO, ORANGE COUNTY, FLORIDA, PETITIONER,
v.
STATE OF FLORIDA EX REL. LEON A. HARTY AND JOHN WILLIAM SAMPSON, RESPONDENTS
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This cause is before us on petition for writ of certiorari to the District Court of Appeal, Fourth District, to review the decision of that Court certified as passing on a question of great public interest.1 The question certified is whether a person charged in Municipal Court with driving a motor vehicle while under the influence of intoxicating liquor in violation of a municipal ordinance, is entitled to trial by jury.2 This Court has answered the question certified in the negative in Smith v. Davis, opinion filed February 4, 1970.3 We note, however, that the question presented by this case, as well as by the Smith v. Davis and Robertson v. Bradford cases,4 deserves the attention of the Florida Legislature.
Accordingly, the decision of the District Court is quashed and the cause remanded for further consideration in the light of this Court’s decision in Smith v. Davis, supra.
It is so ordered.
ROBERTS, DREW, CARLTON and BOYD, JJ., concur.
ERVIN, C. J., dissents.
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de Jong v. Pallotto, 239 So. 2d 252 (Fla. 1970)…which appellant stands charged, adopts Chapter 186, Florida Statutes, F.S.A., the Model Traffic Ordinance, and § 186.0177 of the Model Traffic Ordinance prohibits driving while under the influence of liquor or drugs. . 231 So. 2d 836 (Fla.1970). . 233 So. 2d 633 (Fla.1970). . 233 So. 2d 633 (Fla.1970). . 116 So. 2d 632 (Fla.1959). . Id. at 635.…1 / 2
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Robertson v. Bradford, 233 So. 2d 633 (Fla. 1970)
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Cnty. OF Dade v. Bass, 237 So. 2d 559 (Fla. 3d DCA 1970)…to follow the law as set forth in the latest appellate decisions. However the decisions relied on by the circuit court have been quashed by the Supreme Court. See Smith v. Davis, Fla.1970, 231 So. 2d 517; Robertson v. State ex rel. Harty, Fla.1970, 233 So. 2d 633. On authority of Dean v. Deas, Fla. 1959, 116 So. 2d 23; Bennett v. Fratus, Fla.1965, 177 So. 2d 335; Bennett v. Fratus, Fla.1965, 177 So. 2d 336; Frewer v. City of Miami Beach, Fla.1965, 178 So. 2d 702, we return jurisdiction of this cause to the…
Authorities Cited
- Smith v. Davis, 231 So. 2d 517 (Fla. 1970)
- Robertson v. State of Fla. ex rel. Leon A. Harty & John William Sampson, 227 So. 2d 346 (Fla. 4th DCA 1969)
- Robertson v. Bradford, 227 So. 2d 346 (Fla. 4th DCA 1969)
- Robertson v. Bradford, 233 So. 2d 633 (Fla. 1970)