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Oral Argument Press Summaries
February 3-7, 2003
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 3, 2003
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 |
| Dan Ray Warren v. State
Farm Mutual Automobile Insurance Co.
SC02-285
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
Warren was injured in an
automobile accident. He received medical treatment, but his physician failed
to submit the insurance claim until after the 30-day period required by
a Florida statute. State Farm denied the claim on grounds it was delinquent.
The trial judge ruled the statute unconstitutional, but the Fifth District
Court reversed. |
Volusia County |
| Nelson Robles v. Metropolitan
Dade County
SC02-132
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
In November 1995 Nicholas
Sang hijacked a bus occupied by 13 children who had disabilities. A Metropolitan
Dade police sharpshooter later fired a shot, striking Sang, but also sending
a spray of glass and metal into the bus that blinded a child in one eye.
The child and his parents sued, but the trial judge ruled in favor of Metropolitan
Dade. The Third District Court affirmed. |
Dade County |
| Alfred Lewis Fennie v.
State of Florida
SC01-2480|
SC02-1180
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Fennie was tried, convicted,
and sentenced to death for the September 1991 murder of Mary Elaine Shearin.
His sentence was affirmed on appeal. He now challenges its validity. |
Hernando County |
| Dwayne Curtis Dorsey
v. State of Florida
SC02-531
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:10 |
Dorsey was charged with
battery on a law officer and resisting an officer with violence. During
jury selection, the State removed an African-American juror over the defense's
objection. The trial judge found the removal to be race-neutral. Dorsey
then was convicted on the second charge and sentenced to five years. He
appealed on grounds the juror was improperly removed, but the Third District
Court affirmed. |
Dade County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Sally Sarkis v. Allstate
Insurance Co.
SC02-428
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
In a lawsuit, the jury awarded
Sarkis damages in excess of a prior settlement offer made by Allstate.
The trial judge then awarded the attorney, who was working by contingent
fee, an additional multiplier because of the higher verdict. The Fifth
District Court reversed. |
Brevard County |
| Barry L. Berges v. Infinity
Insurance Co.
SC01-2846
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
Berges owned a car that
was being driven by someone else when it crossed the center line and struck
another car, killing the driver of that car and injuring her daughter.
Berges' insurance company did not settle with the deceased's estate, and
the estate of the deceased won a substantial jury award against Berges.
Berges then sued his insurance company on grounds it acted in bad faith,
and the jury awarded him more than $1.8 million. On appeal, the Second
District Court reversed. |
Hillsborough County |
| Paul Thompson v. State
of Florida
SC02-800
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Thompson pled guilty to
the felony charge of knowingly driving with a suspended, canceled, or revoked
license. He was sentenced to 36 months, but the State successfully appealed
on grounds this sentence fell below the guidelines range. At his new sentencing,
he received 57.9 months in prison. He later challenged the validity of
his sentence, but the trial judge rejected his claim. On appeal, the Fifth
District affirmed. |
Sumter County |
| John Blackwelder v. State
of Florida
SC01-2058
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:10 |
Blackwelder was charged
with the May 2000 murder of fellow inmate Raymond D. Wigley at the Columbia
Correctional Institute. He pled guilty and, at the penalty phase, a jury
recommended death 12-to-0. The trial judge imposed the death penalty. This
is Blackwelder's direct appeal. |
Columbia County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Amendment to Family Law
Rules of Procedure
SC02-1574
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
The Family Court Steering
Committee has petitioned the Court for modification of rules governing
domestic violence proceedings in state courts. |
Statewide impact |
| Duane E. Owen v. James
v. Crosby, Jr.
SC01-2146|
SC01-2476
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
Owen was tried, convicted,
and sentenced to death for the July 1984 murder of Georgianna Worden. His
sentence was affirmed on appeal. He now challenges its validity. |
Palm Beach County |
| Wayne Tompkins v. State
of Florida
SC01-1619
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Tompkins was tried, convicted,
and sentenced to death for the March 1983 murder of Lisa DeCarr. His sentence
was affirmed on appeal. He now challenges its validity. |
Hillsborough County |
| S.B. v. Department of
Children & Families
SC02-2262
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:10 |
S.B.'s two children were
declared dependent and taken into state custody after she failed to appear
in court pursuant to a summons. Later the court appointed an attorney for
her who filed a motion to set aside this order. The court never ruled on
the motion, nor did counsel take an appeal. S.B. then filed court pleadings
alleging that her attorney inadequately represented her. The trial court
denied the motion, and the Fourth District Court held that there is no
right to competent counsel in dependency proceedings. |
Palm Beach County |