Florida Supreme Court Oral Argument Press Summaries

Oral Argument Press Summaries
March 5-9 & 29, 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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Names & phone numbers of attorneys in these cases are available in Acrobat format.

[ETCHING: SUPREME COURT OF FLORIDA]
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Florida Supreme Court Oral Arguments
Monday, March 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
Randy Lamz v. GEICO General Insurance Co. SC00-492 View briefs in Acrobat format by clicking the case number(s) here	9:00	In 1996 Lamz was a passenger in a car driven by his wife when they became involved in an accident. They sued the driver, the car owner, and GEICO, which was the Lamz' underinsured motorist carrier. At trial the judge introduced GEICO, which was a defendant, as plaintiff's insurer. On appeal, the Lamzes argued that this was reversible error. The Fourth District disagreed.	Broward County
David M. Pomerance v. Homosassa Special Water District SC00-912 View briefs in Acrobat format by clicking the case number(s) here	Approx. 9:40	The Pomerances own a 19-acre parcel consisting mainly of protected wetlands abutting U.S. 19 in the Homosassa area. This parcel falls within the special water district. In 1988, residents in the area voted to extend water service along an area that included the Pomerances' land. The Special District assessed all properties abutting the extension, including $20,000 for the Pomerances. The Pomerances challenged this on grounds that their property is either not improvable or can be only minimally improved due to environmental restrictions on wetlands. Thus, they argued, the benefit to their property is equally minimal. The trial court rejected their arguments, and on appeal the Fifth District Court affirmed.	Citrus County
Julio Mora v. State of Florida SC94,421 View briefs in Acrobat format by clicking the case number(s) here	Approx. 10:30	Mora was charged with the May 27, 1994, first degree murders of Dr. Clarence Rudolph and Karen Starr Marx, Esquire, and the attempted first degree murder of Maurice Hall, Esquire, during a court deposition. The jury convicted him and recommended the death penalty 8-to-4, which the trial court imposed. This is his direct appeal.	Broward County
Michael Bernard Bell v. State of Florida SC00-318 View briefs in Acrobat format by clicking the case number(s) here	Approx. 11:30	Bell was convicted and sentenced to death for the December 9, 1993, murders of Jimmy West and Tamecka Smith as they entered a car outside a liquor lounge in Jacksonville. The Capital Collateral Representative had to quit representing him due to a conflict, and a registry attorney was named. The attorney, saying she lacked sufficient time to file a complete pleading, later filed a motion for postconviction relief that contained issues but no arguments. She failed to meet deadlines for amending the motion. As a result, the State moved for summary dismissal, which the judge granted. Bell appeals.	Duval County

Florida Supreme Court Oral Arguments
Tuesday, March 6, 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
	N/A	LEGISLATURE CONVENES - NO CASES SCHEDULED

Florida Supreme Court Oral Arguments
Wednesday, March 7, 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
Bernard Wendt v. Marvin Horowitz SC00-389 View briefs in Acrobat format by clicking the case number(s) here	9:00	Horowitz, a Michigan lawyer, and his firm advised a Canadian company K.D. Trihn, Inc., in the marketing of notes and certificates in Florida through Florida agents in public seminar presentations. Horowitz advised that the notes and certificates were not securities under Florida law, which would require registration and would require licensure of agents. Wendt, one of the Trihn agents, later was sued for failing to meet the registration and licensure requirements. Wendt responded by bringing Horowitz into the suit as a third-party defendant. Horowitz moved to dismiss, arguing that Florida had no jurisdiction over him. The trial court ruled there was jurisdiction, but the Fifth District reversed on grounds that Horowitz' actions had not taken place in Florida.	Lake County
Gerald Delane Murray v. State of Florida SC95,470 View briefs in Acrobat format by clicking the case number(s) here	Approx. 9:40	Murray was arrested and charged with the November 1990 murder of Alice Vest. A jury found Murray guilty in February 1999 and unanimously recommended the death penalty, which the trial judge imposed. Murray appeals.	Duval County
Richard Earl Shere, Jr. v. Michael W. Moore SC00-1960 View briefs in Acrobat format by clicking the case number(s) here	Approx. 10:40	Shere was tried, convicted, and sentenced to death for the December 1987 murder of Drew Snyder. His sentence was affirmed on appeal. He now challenges the validity of his sentence.	Hernando County
Freddie Lee Hall v. Michael W. Moore SC00-1599 View briefs in Acrobat format by clicking the case number(s) here	Approx. 11:20	Hall was tried, convicted, and sentenced to death for the February 1978 murders of Karol Hurst and Deputy Sheriff Lonnie Coburn. His sentences were upheld on appeal. He now challenges their validity.	Sumter County

Florida Supreme Court Oral Arguments
Thursday, March 8, 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
Amendment to Rules of Juvenile Procedure SC00-2044 View briefs in Acrobat format by clicking the case number(s) here	9:00	The Florida Bar petitions the Court to adopt a rule of procedure dealing with the placement of juvenile offenders in residential treatment facilities.	Statewide Impact
State of Florida v. JEA SC00-2183 View briefs in Acrobat format by clicking the case number(s) here	Approx. 9:40	This is an appeal from a final judgment validating a $15 million bond issue sought by JEA (formerly known as Jacksonville Electric Authority) to finance obligations created by a strategic alliance with utility concerns in Georgia and South Carolina.	Duval County
Leo Edward Perry, Jr. v. State of Florida SC96,499 View briefs in Acrobat format by clicking the case number(s) here	Approx. 10:30	Perry was charged with the February 1997 murder of John Johnston in a Pensacola motel. He was convicted and sentenced to death based on a 10-to-2 jury recommendation. This is his direct appeal.	Escambia County

Florida Supreme Court Oral Arguments
Friday, March 9, 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
James D. Ford v. State of Florida SC95,972 View briefs in Acrobat format by clicking the case number(s) here	8:30	Ford was charged with the April 1997 murder of Greg & Kimberly Malnory. The jury found him guilty and recommended the death penalty 11-to-1, which the trial judge imposed. This is his direct appeal.	Charlotte County
Michael Moore v. Steven Pearson SC00-2166 View briefs in Acrobat format by clicking the case number(s) here	Approx. 9:30	Pearson received sentences structured in a way that he ultimately would serve prison time less than the 85 percent minimum required by Florida law. The Department of Corrections said it would honor the 85 percent minimum, and the trial judge agreed this was proper. On appeal, the First District Court reversed.	Hamilton County
Thomas Overton v. State of Florida SC95,404 View briefs in Acrobat format by clicking the case number(s) here	Approx. 10:10	Overton was charged with the August 1991 murders of Michael & Susan McIvor in their Tavernier Key home. In custody on other charges in 1996, Overton cut himself while shaving and officials used the blood stain to link him to the Keys murders. At trial, Overton was found guilty and the jury recommended he be sentenced to death by a vote of 8-to-4 in the murder of Michael and 9-to-3 in the murder of Susan McIvor. This is his direct appeal.	Monroe County

Florida Supreme Court Oral Arguments
Thursday, March 29, 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

Renee B. v. Florida Agency for Health Care Administration

SC00-989

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

9:45

Plaintiffs filed a class-action suit challenging the constitutionality of Florida regulations forbidding Medicaid funds to be used for abortions except where the pregnancy endangers a woman's life or was caused by rape or incest. The trial judge found no violation. On appeal, the First District certified the case to the Florida Supreme Court.

Statewide impact

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