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STATE v. BERGER

No. 91-02537.

605 So.2d 488 (1992)

STATE of Florida, Appellant, v. Kristina BERGER, Gregory Miller, Michael Tucci, James Haisten, Hans Werner Edling and Michael Veilleux, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 8, 1992.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephan A. Baker, Asst. Atty. Gen., Tampa, for appellant.

F. Michael Mosca of Cheves, DeCiantis & Mosca, P.A., Venice, for appellee Berger.

Donald Simon, Sarasota, for appellees Haisten, Tucci and Miller.

Robert Westheimer, Venice, for appellee Edling.

Robert N. Harrison of Kanetsky, Moore & DeBoer, P.A., Venice, for appellee Veilleux.

RYDER, Acting Chief Judge.

The State of Florida challenges the trial court's granting of appellees' motions in limine excluding breath test results.

The county court for Sarasota County certified the following three questions to this court as involving matters of great public importance:

I. DOES THE COUNTY COURT HAVE SUBJECT MATTER JURISDICTION? LACK OF JURISDICTION ASIDE, MUST THE APPELLEES SEEK ADMINISTRATIVE RELIEF PRIOR TO OBTAINING JUDICIAL DETERMINATION...

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