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Oral Argument Press Summaries
February 5-9, 2001
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.
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Robert
Craig Waters, Director of Public Information
(850) 414-7641
Florida Supreme Court Oral
Arguments
Monday, February 5, 2001
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 |
| In re: Report of the
Family Law Steering Committee
SC00-1410
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
The Florida Supreme Court
asked the Family Court Steering Committee to develop a model family court
for Florida. In June 2000 the Committee released its report and petitioned
the Court to adopt it. |
Statewide impact |
| United Services Automobile
Ass'n v. Raymond J. Behar M.D.
SC00-595
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
A traffic accident occurred
involving vehicles driven by Dr. Behar and Francis Bassano. Bessano was
only insured for $10,000. Dr. Behar later sued his own insurer, USAA, for
the underinsured motorist benefits of his policy. USAA offered to settle
for $125,001, but Dr. Behar and his wife requested $395,000. Neither party
accepted. The case went to trial, and the jury found that Bassano was not
negligent and that the Behars were entitled to nothing. USAA asked the
court to order the Behars to pay its costs and attorneys fees, but the
judge declined to do so on grounds USAA had not fully complied with rules
governing offers to settle. The Second District Court affirmed. |
Pinellas County |
| Florida Dep't of Corrections
v. Tony Randall Watts
SC00-1591
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Watts was tried, convicted,
and sentenced to death for the February 1988 murder of Simon Jurado. His
sentenced was upheld on appeal. In 1999 in later collateral challenges
to his sentence, Watts was found mentally incompetent and was committed
to the Corrections Mental Health Institute at Florida State Hospital pending
further court order. The State later challenged the continuing commitment
of Watts, but the trial court declined to end it. The State appeals. |
Duval County |
| Linda Hagan v. Florida
Coca-Cola Bottling Co.
SC00-287
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:10 |
Hagan and others sued for
alleged physical and emotional injuries caused after consuming beverage
from a soda container later found to contain a used condom. After trial,
the judge awarded a total of $58,000 in damages. Coca-Cola appealed on
grounds that Florida follows the "impact rule," which requires that damages
for emotional injuries cannot be awarded in the absence of some sort of
physical injury. The Fifth District reversed the award but certified the
case to the Florida Supreme Court. |
St. Johns County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| James Floyd v. State
of Florida
SC97,043&
SC00-1533
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
Floyd was tried, convicted,
and sentenced to death for the January 1984 murder of Annie Bar Anderson.
His sentence was reversed on appeal due to errors, and at resentencing
he again received the death penalty. This sentence was affirmed on appeal.
Floyd now challenges the validity of his death sentence. |
Pinellas County |
| John Castillo v. E.I.
Du Pont de Nemours & Co.
SC00-490
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
The Castillos' son John
was born with microphthalmia, a condition in which a baby is born without
eyes. They sued DuPont and others on grounds that the mother was exposed
to the fungicide Benlate during pregnancy, allegedly causing the child's
condition. At trial the jury awarded the Castillos a combined judgment
of $4 million. On appeal, the Third District reversed. |
Dade County |
| Oscar Ray Bolin v. State
of Florida
SC95,774
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
In 1990, Bolin was charged
with the January 1986 murder of Natalie Holley. He was tried, convicted,
and sentenced to death, but his conviction was overturned due to errors.
At retrial, he again was convicted, and the trial judge imposed the death
penalty on an 11-to-1 jury recommendation. This is his direct appeal. |
Hillsborough County |
| T.M. v. State of Florida
SC00-1194
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:30 |
T.M. was arrested for violating
the City of Pinellas Park's curfew ordinance. Before trial, T.M. moved
to dismiss the charges. The trial judge agreed, finding that the ordinance
interfered with a parent's right to rear children without governmental
interference. The Second District reversed. |
Pinellas County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Olen Clay Gorby v. State
of Florida
SC95,153&
SC00-405
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
Gorby was tried, convicted,
and sentenced to death for the May 1990 murder of W.J. Raborn. His sentence
was upheld on appeal. He now challenges the validity of his sentence. |
Bay County |
| Luis John Cruz v. Broward
County School Bd.
SC00-1550
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
Cruz, who suffered brain
damage caused by premature birth, was a student at Miramar High School.
One day at school, he became involved in an incident with another student
that resulted in his head falling onto a hard surface. He and his mother
sued the school board, his mother seeking damages for loss of the companionship
of her son. The jury found the school board negligent and awarded Cruz
$2,697,725 and his mother $3.5 million. However, the trial judge reduced
the mother's award to $1 million on grounds that awards for lost companionship
could not extend beyond the time Cruz became an adult. The Fourth District
Court reversed the entire judgment for other reasons, but agreed that at
retrial the jury could not award lost companionship damages for Cruz's
adult years. |
Broward County |
| State of Florida v. James
E. Brake, Jr.
SC00-119
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Brake was charged with violating
a statute making it illegal to lure children into a structure, dwelling,
or conveyance for "other than a lawful purpose." The particular statute
applies only if the accused was previously convicted of certain sexual
offenses. Brake was such a person. At trial, he challenged the statute's
constitutionality, but the judge upheld it. The Second District disagreed
and reversed. |
Sarasota County |
| Alex Pagan v. State of
Florida
SC94,365
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:10 |
Pagan was charged with the
February 1993 murders of Freddy Jones and his son Michael during a home
invasion robbery that also left Jones' wife and infant child seriously
injured. At trial in 1996 and 1997, Pagan was found guilty and sentenced
to death based on a jury recommendation of 7-to-5. This is his direct appeal. |
Broward County |