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Oral Argument Press Summaries
February 4-8, 2002
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.
![[ETCHING: SUPREME COURT OF FLORIDA]](press1.gif)
Robert
Craig Waters, Director of Public Information
(850) 414-7641
Florida Supreme Court Oral
Arguments
Monday, February 4, 2002
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: Final Report of
Jury Innovations Committee
SC01-1226
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
The Jury Innovations Committee
has proposed several changes in the way jury trials would operate. The
Committee has submitted 48 recommendations to improve Florida's jury system
for the Court's consideration, including a jurors' bill of rights. |
Statewide impact |
| Anthony Neal Washington
v. State of Florida
SC00-1435SC01-872
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
Washington was tried, convicted,
and sentenced to death for the August 1989 murder of Alice Berdat and burglary
of her home. His sentence was affirmed on appeal. He now challenges its
validity. |
Pinellas County |
| Florida Department of
Transportation v. Armadillo Partners, Inc.
SC01-1014
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
DOT filed an eminent domain
proceeding to take land owned by Armadillo for widening of Griffin Road
and improvements to the Davie Road intersection. The taking eliminated
a large number of parking spaces on the property, on which the Armadillo
Square shopping center stood. Appraisers agreed that the elimination of
these spaces and other effects would render the shopping center valueless.
This would reduce its value to the purchase price of the raw land minus
costs to demolish the center, unless changes were made to "cure" the impact.
Different "cure plans" and their costs were presented to the jury, which
ultimately awarded Armadillo more than $800,000. The Fourth District reversed. |
Broward County |
| Fritz Major v. State
of Florida
SC01-1811
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:10 |
At age 16 in 1993, Major
pled no contest when charged with aggravated assault and was sentenced
to 18 months in a juvenile facility. In 2000, Major petitioned the Court
to review his case after his sentence in an unrelated federal criminal
case was increased by more than 12 years based on his prior no-contest
plea. He contended he should have been told at the time of his plea that
the subsequent conviction could be used to enhance later criminal sentences
The Court sent the case back to the Miami trial court, which denied relief.
The Third District Court of Appeal affirmed. |
Dade County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Physicians Healthcare
Plans, Inc. v. Raymond Pfeifler
SC01-2062SC01-2079
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
In a medical malpractice
lawsuit, Physicians Healthcare filed a petition in this Court to prohibit
the use of retired or "senior" judges in presiding over certain types of
trials in Broward County. The Broward courts argue that the practice is
both necessary and legal. |
Broward County |
| Joel Dale Wright v. State
of Florida
SC00-1389
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
Wright was tried, convicted,
and sentenced to death for the February 1983 murder of Lima Page Smith.
His sentence was affirmed on appeal. He now challenges its validity. |
Putnam County |
| Daniel Burns v. State
of Florida
SC01-166
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Burns was tried, convicted,
and sentenced to death for the August 1987 murder of Jeffrey Young. His
sentence was affirmed on appeal. He now challenges its validity. |
Manatee County |
| State of Florida v. J.M.
SC01-1215
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:10 |
This case involves the issue
of whether a 14-year-old minor sentenced as a juvenile for sexual battery
on a 6-year-old can be declared a sexual predator under Florida law. |
Leon County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Steven Pollock v. Florida
Dep't of Highway Patrol
SC99-8SC99-41
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
A motorist reported to FHP
a flatbed truck that was stalled at night in a lane of the Palmetto Expressway.
FHP allegedly failed to respond to this report. Suzanne Leeds was driving
a car that struck the flatbed, killing her and her passenger Elissa Pollack.
Their estates sued and won judgments of more than $8.9 million each, with
FHP 50 percent liable for the total amount. The Third District Court reversed. |
Dade County |
| Carole M. Siegle v. Progressive
Consumers Insurance Co.
SC01-1219
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
Siegle was in an automobile
accident and made a claim under her insurance policy with Progressive.
As was its option under the policy, Progressive repaired the vehicle and
returned it to her. She sued the insurer, alleging that the policy
requires Progressive to both repair her vehicle and pay her for the diminishment
in the car's value due to the accident. The trial court dismissed
her claim, and on appeal the Fourth District Court affirmed. |
Broward County |
| United Contractors Corp.
v. Maria Minerva Hernandez
SC00-2176
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Hernandez' husband was killed
at a jobsite under the control of United. She and her children filed a
wrongful death suit against United and others. Later, Hernandez filed for
workers compensation benefits, but settled the claim for $10,000 when her
husband's employer contested it. United then moved to dismiss the tort
suit on grounds Hernandez had elected to take workers compensation and
therefore United was immune from tort liability for wrongful death. The
trial court agreed, but the Third District Court of Appeal reversed. |
Dade County |
| Media General Convergence,
Inc. v. Chief Judge of the Thirteeth Judicial Circuit
SC01-1396SC01-1398
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:10 |
Media organizations filed
public records requests for certain documents allegedly created or received
by then-Chief Judge Dennis Alvarez of the Thirteenth Judicial Circuit.
The records they sought dealt with allegations of sexual misconduct or
fraternization with staff by one or more judges of the circuit. Judge Alvarez
did not release any documents. The media organizations filed a petition
with the Second District Court asking it to order Judge Alvarez to release
the documents. The District Court declined to do so. |
Hillsborough County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Advisory Opinion to the
Attorney General: Reduce Class Size
SC01-2421
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
A petition drive is underway
to collect sufficient signatures to place on the ballot a proposed constitutional
amendment limiting class size in Florida schools. The issue is before the
Court to determine whether the proposal contains only a single subject
and has a fair ballot summary, as required by law. |
Statewide impact |
| Advisory Opinion to the
Attorney General: Second-Hand Tobacco Smoke
SC01-2422
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
A petition drive is underway
to collect sufficient signatures to place on the ballot a proposed constitutional
amendment restricting smoking in certain public places. The issue is before
the Court to determine whether the proposal contains only a single subject
and has a fair ballot summary, as required by law. |
Statewide impact |
| The Florida Bar v. John
T. Carlon, Jr.; The Florida Bar v. Mark Haller Zilberg
SC95,539SC00-1344SC97,000SC99-11
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
These cases involve attorneys
charged with ethical misconduct in overcharging clients, failure to maintain
client trust accounts properly, and other charges. They have been consolidated
because they involve questions of enforcing and prioritizing client restitution
orders. |
Broward County
Leon County |
| City of Miami v. Patrick
McGrath III
SC01-1562
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:00 |
In 1999 the Legislature
authorized certain cities to charge a surcharge of up to 20 percent for
the rental, lease, or sale of parking spaces. To qualify, the city had
to have a population of 300,000 or more on April 1, 1999, and had to have
been declared in a state of financial emergency pursuant within the previous
2 fiscal years. McGrath filed a class-action suit challenging the Miami
surcharge, but the trial court ruled against him. On appeal, the Third
District reversed. |
Dade County
Tampa connection
Jacksonville connection |