Florida Supreme Court
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February 5, 2013
Carlos A. Alejandro Ulloa v. CMI, Inc.
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Mr. Ulloa and others served subpoenas on CMI seeking solely records related to equipment used to administer breath tests to DUI defendants. CMI argued it could not be forced to produce records in a Florida case since it was an out-of-state non-party witness and the records request did not comply with the Uniform Law. The county court denied CMI's motion to quash the subpoenas. The circuit court upheld the county court in part. CMI then appealed to the Fifth District Court of Appeal, which overturned the circuit court and certified a conflict with rulings from other District Courts of Appeal.