Tedder v. State

Summary

The Supreme Court of Florida declined to accept jurisdiction over Tedder v. State because the portion of the Second District Court of Appeal's decision addressing retention of a driver's license during interrogation did not receive a majority vote. The court held that the analysis therefore was not a decision of the district court for purposes of conflict jurisdiction and did not constitute Florida appellate precedent.

Holdings

1. The Supreme Court of Florida lacked jurisdiction to review the license-retention portion of the Second District's decision because that analysis did not garner a majority vote and therefore was not a decision of a district court of appeal within the meaning of article V, section 3(b)(3) of the Florida Constitution.
2. The license-retention analysis did not constitute Florida appellate precedent because it was endorsed by neither a majority nor a plurality of the district court.

Questions Presented

1. Whether the Supreme Court of Florida had discretionary conflict jurisdiction to review a portion of a district court decision whose analysis on the purported conflict issue was endorsed by only one judge.
2. Whether a district court's non-majority or non-plurality analysis constitutes Florida appellate precedent capable of supporting conflict jurisdiction.

Disposition

writ_denied