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Oral Argument Schedule & Briefs

February 4 to 8, 2013

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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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Florida Supreme Court Oral Arguments

Monday, February 4, 2013

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

Nicholas Arsali v. Chase Home Finance LLC.

SC12-600

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

9:00

Chase Home foreclosed on a home and scheduled a foreclosure sale. Before the sale, the homeowners accepted the lender's offer to reinstate their loan and keep the home. The lender, however, failed to stop the foreclosure sale. The homeowners filed a motion to vacate the sale; the trial court granted their motion, ordered return of all funds to the third-party purchaser, and dismissed the foreclosure case. The Fourth District Court of Appeal upheld the trial court but asked this Court to answer a question about the scope of earlier decisions dealing with the standards used when foreclosure sales are vacated.

Palm Beach County

North Carillon LLC. V. CRC 603 LLC.

SC12-75

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

Approx. 9:40
Two companies paid pre-construction deposits in excess of ten percent of the purchase price on two condos. When there was no closing, CRC 603 and CRC 1103 sued North Carillon, seeking return of their deposits. They argued that Florida law requires developers to keep separate escrow accounts for deposits in excess of ten percent of the purchase price, which North Carillon did not do. After the trial court dismissed the claims, the Legislature changed the relevant law. The Third District Court of Appeal reversed the trial court, ruling that the change in law could not be applied retroactively.
Miami-Dade County

 

Florida Supreme Court Oral Arguments

Tuesday, February 5, 2013

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

Carlos A. Alejandro Ulloa v. CMI, Inc.

SC11-2291

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

9:00

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.

Seminole County

Stephen Smith v. State of Florida

SC12-53 | SC12-1001

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

Approx. 9:40
Mr. Smith was convicted of the first-degree murder of Darla Lathrem, a corrections officer who was fatally bludgeoned in 2003 during an escape attempt. The jury voted 9-3 to recommend a death sentence and the trial court condemned him to death. This Court upheld his sentence on direct appeal and Mr. Smith filed a post-conviction challenge in trial court. It was denied and this appeal followed.
Charlotte County

Thomas Theo Brown v. State of Florida

SC11-2300

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

Approx. 10:30
Mr. Brown was convicted of the first-degree murder of Juanese Miller, who was fatally shot in 2009. The jury voted 7-5 to recommend a death sentence and the trial court condemned him to death. This is his direct appeal. He raises various issues.
Duval County

 

Florida Supreme Court Oral Arguments

Wednesday, February 6, 2013

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

William A. Gregory v. State of Florida

SC11-842

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

9:00
Mr. Gregory was convicted of the first-degree murders of Skyler Meekins and Daniel Dyer, who were fatally shot as they slept in 2007. The jury voted 7-5 to recommend a death sentence for each murder and the trial court condemned him to death. This is his direct appeal. He raises various issues.
Flagler County

Michael M. Yacob v. State of Florida

SC11-2505

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

Approx. 10:00

Mr. Yacob was convicted of the first-degree murder of Moussa Maida, who was fatally shot during a convenience store robbery in 2008. The jury voted 10-2 to recommend a death sentence and the trial court condemned him to death. This is Mr. Yacob's direct appeal. He raises various issues.

Duval County

 

Florida Supreme Court Oral Arguments

Thursday, February 7, 2013

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

Cecil Shyron King v. State of Florida

SC11-2258

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

 

9:00
Mr. King was convicted of the first-degree murder of Renie Telzer-Bain, who was fatally beaten during a home robbery in 2009. The jury voted 8-4 to recommend a death sentence and the trial court condemned him to death. This is Mr. King's direct appeal. He raises various issues.
Duval County

James Michael Aldrich v. Laurie Basile

SC11-2147

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

Approx.
9:40

Mr. Aldrich was named the beneficiary in his sister's will. However, after she made her will, the sister inherited property and cash from another sibling. After the sister died, a dispute arose over the disposition of this property and cash, which was not specifically cited in the will. Ms. Basile and her sister, nieces to Mr. Aldrich and his deceased sister, argued they should receive a share of the property and cash not cited in the will. The trial court disagreed and ruled for Mr. Aldrich. On appeal, the First District Court of Appeal overturned the trial court and asked this Court to review the case.

Clay County

Margaret A. Allen v. State of Florida

SC11-1206

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

Approx. 10:40

Ms. Allen was convicted of the first-degree murder of Wenda Wright, who was fatally strangled in 2005. The jury voted unanimously to recommend a death sentence and the trial court condemned Ms. Allen to death. This is her direct appeal. She raises various issues.

Brevard County

 

Florida Supreme Court Oral Arguments

Friday, February 8, 2013

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