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  • Gavel to Gavel - Supreme Court Oral Argument Broadcasts

    Oral Argument Banner

    Oral Argument Schedule & Briefs

    February 8-12, 2010

    Printer Friendly Oral Argument Schedule (PDF)

    The following summaries are drawn from briefs and lower court judgments. They are meant to provide a general idea of facts and issues presented in cases, and should not be considered official court documents. Facts and issues presented in these summaries should be checked for accuracy against records and briefs, available from the Court, which provide more specific information.

    Via Satellite: Check with Rick Potrikus WFSU Television (800) 322-WFSU for further satellite information, or see:

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    See the partial list of these systems.

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    If you miss a live case, view it from our archive at http://wfsu.org/gavel2gavel/archives/index.html

    Names & phone numbers of attorneys in these cases are available in Acrobat format.

    Questions, comments? publicinformation@flcourts.org


    Florida Supreme Court Oral Arguments

    Monday, February 8, 2010

    Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

    Case

     Time

    Facts & Issues

    Place of Origin

    No cases scheduled

     

     

     

     

     

    Florida Supreme Court Oral Arguments

    Tuesday, February 9, 2010

    Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

    Case

     Time

    Facts & Issues

    Place of Origin

    The Florida Bar v. Donald Alan Tobkin

    SC07-928 | SC07-959

    View briefs in Acrobat format by clicking the case number(s) here 

    9:00

    In these disciplinary cases, The Florida Bar accuses Mr. Tobkin of violating the ethical standards for attorneys by failing to pay out settlement proceeds to clients in medical malpractice cases and by failing to provide competent representation. The trial judge considering the cases as a referee concluded that Mr. Tobkin did violate several ethical standards. The referee recommends that this Court disbar Mr. Tobkin for five years if he makes restitution in one of the cases. If no restitution is made, the referee has recommended that Mr. Tobkin be permanently disbarred.

    Broward County

    The Florida Bar v. Stuart Leonard Stein

    SC08-1108

    View briefs in Acrobat format by clicking the case number(s) here 

    Approx. 9:30
    In this disciplinary case, The Florida Bar accuses Mr. Stein of violating several ethical standards for attorneys based on his disbarment in New Mexico. The trial judge considering the case as a referee recommends that this Court disbar Mr. Stein.
    New Mexico

    Randy Lamar Schoenwetter v. State of Florida

    SC08-2271 | SC09-955

    View briefs in Acrobat format by clicking the case number(s) here 

    Approx. 10:00
    Mr. Schoenwetter pleaded guilty to the first-degree murders of 10-year-old Virginia Friskey and her father, Ronald Friskey, who were fatally stabbed in their home in 2000. The jury voted 10-2 to recommend a death sentence for the murder of the daughter and 9-3 to recommend a death sentence for the father. The trial court condemned Mr. Schoenwetter for both murders and this Court upheld the death sentences on direct appeal. Mr. Schoenwetter filed a postconviction challenge in trial court. It was denied and this appeal followed.
    Brevard County

     

     

    Florida Supreme Court Oral Arguments

    Wednesday, February 10, 2010

    Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

    Case

     Time

    Facts & Issues

    Place of Origin

    The Florida Bar v. Sherry Grant Hall

    SC07-863

    View briefs in Acrobat format by clicking the case number(s) here 

     

    9:00

    In this disciplinary case, The Florida Bar accuses Ms. Hall of violating ethical standards for attorneys based on her alterations to a lease agreement after it was signed. The trial judge considering the case as a referee concluded that Ms. Hall had violated the rule against dishonesty, fraud, deceit or misrepresentation. He recommends that this Court suspend Ms. Hall from the practice of law for 90 days.

    Okaloosa County

    Harold Goldberg v. Merrill Lynch Credit

    SC08-1360

    View briefs in Acrobat format by clicking the case number(s) here 

     

     

    Approx. 9:30
    In these two consolidated cases, the Goldbergs and Ms. Forman sued their mortgage lenders, alleging the lenders had engaged in the unauthorized practice of law when they charged the property owners for document preparation. The circuit court dismissed the cases, ruling that only this Court has jurisdiction to determine what constitutes the unauthorized practice of law. On appeal, the Fourth District Court of Appeal ruled that people can sue to recover fees stemming from the unauthorized practice of law but only after this Court has determined that certain conduct constitutes the unauthorized practice of law. This appeal followed.
    Palm Beach County

    Paul Durousseau v. State of Florida

    SC08-68

    View briefs in Acrobat format by clicking the case number(s) here 

     

     

    Approx. 10:00
    Mr. Durousseau was convicted of the first-degree murder of Tyresa Mack, who died of asphyxiation in her home in July 1999. The jury voted 10-2 to recommend a death sentence and the trial court condemned him. This is his direct appeal. He raises various issues.
    Duval County

    American Optical Corp. v. Walter R. Spiewak

    SC08-1616 | SC08-1617 | SC08-1639 | SC08-1640

    View briefs in Acrobat format by clicking the case number(s) here 

     

     

    Approx. 11:00

    Mr. Spiewak, Mr. Williams and others sued American Optical Corp. and other companies, alleging asbestos-related injuries. While the lawsuits were pending, the Legislature passed a law that required plaintiffs to demonstrate a certain level of physical impairment before an asbestos-related lawsuit would be permitted. Citing the new law, the circuit courts dismissed the lawsuits filed by Mr. Spiewak, Mr. Williams and others. On appeal, the Fourth District Court of Appeal ruled that the new law was unconstitutional as applied to the pending lawsuits.

    Palm Beach County

     

     

    Florida Supreme Court Oral Arguments

    Thursday, February 11, 2010

    Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

    Case

     Time

    Facts & Issues

    Place of Origin

    Kenneth Allen Stewart v. State of Florida

    SC08-2075 | SC09-814

    View briefs in Acrobat format by clicking the case number(s) here 

    9:00

    Mr. Stewart was convicted of the first-degree murder of Ruben Diaz, who was robbed and fatally shot in 1984. Mr. Stewart's first two death sentences were both vacated. In his third sentencing hearing, the jury voted 7-5 to recommend a death sentence and the trial court again condemned him. The third death sentence was upheld by this Court on direct appeal, and Mr. Stewart filed a postconviction challenge in the trial court. It was denied and this appeal followed.

    Justice Quince is recused.

    Hillsborough County

    David Joseph Pittman v. State of Florida

    SC08-146 | SC08-2486

    View briefs in Acrobat format by clicking the case number(s) here 

    Approx. 9:40

    Mr. Pittman was convicted of the first-degree murders of Clarence and Barbara Knowles and their daughter Bonnie Knowles. The victims were fatally stabbed in their home in 1990. The jury voted 9-3 to recommend death sentences for all three murders and the trial court condemned him. This Court upheld the sentences on direct appeal and Mr. Pittman filed a postconviction challenge in trial court. It was denied and this appeal followed.

    Justice Quince is recused.

    Polk County

    In re: Amendments to Rules Regulating The Florida Bar 4-7.1

    SC09-394

    View briefs in Acrobat format by clicking the case number(s) here 

     

     

    Approx. 10:30

    The Florida Bar has proposed that this Court modify the rules regulating lawyer advertising to state that the rules do not apply to communications between lawyers and communications between lawyers and clients or former clients.

    Statewide impact

    The Florida Bar v. Charles Behm

    SC07-661

    View briefs in Acrobat format by clicking the case number(s) here

    Approx. 11:30
    In this disciplinary case, The Florida Bar accuses Mr. Behm of violating ethical standards for attorneys based on his failure to comply with standards for trust accounts and his failure to file income tax returns for several years. The trial judge considering the case as a referee concluded that Mr. Behm had violated trust account rules as well as the rules against unlawful and dishonest conduct. He recommends that this Court suspend Mr. Behm from the suspension of law for 90 days for the trust fund violations and for 91 days for the income tax case.
    Putnam County

     

     

     

    Florida Supreme Court Oral Arguments

    Friday, February 12, 2010

    Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

    Case

     Time

    Facts & Issues

    Place of Origin

    No cases scheduled