Legal Opinion

State v. Demarzo

District Court of Appeal of Florida

Decided July 11, 1984No. 83-842PublishedCited by 5 opinions

1Opinion of the Court

ANSTEAD, Chief Judge.

This is an appeal from an order dismissing driver’s license suspension proceedings against the appellee, Adelheid De-marzo, after she was charged with driving under the influence of alcohol and refused to take a breathalyzer test. In its order of April 11, 1983, the county court found that Sections 316.1932(l)(e) & (f), Florida Statutes (1981), violated provisions of the Florida Constitution which provide that only the Florida Supreme Court can promulgate court rules of practice and procedure.1

The statutory scheme the court invalidated is now contained in Sections…

2Cases cited5 opinions

  1. South Dakota v. NevilleSupreme Court of the United States · 1983
  2. State v. BenderSupreme Court of Florida · 1980
  3. Stewart v. DeLand-Lake Helen Special Road & Bridge DistrictSupreme Court of Florida · 1916
  4. Smith v. City of GainesvilleSupreme Court of Florida · 1957
  5. State v. BlockDistrict Court of Appeal of Florida · 1983

3Cited by5 opinions

  1. State v. CatalanoSupreme Court of Florida · 2012
  2. Florida Department of Agriculture & Consumer Services v. MendezDistrict Court of Appeal of Florida · 2012
  3. Solomon v. StateDistrict Court of Appeal of Florida · 1989
  4. Korte v. StateVolusia County Court · 1985
  5. State v. WoodsCircuit Court for the Judicial Circuits of Florida · 1989

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