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  • Gavel to Gavel - Supreme Court Oral Argument Broadcasts

    Oral Argument Banner

    Oral Argument Schedule & Briefs

    March 1 to 5, 2010

    Printer Friendly Oral Argument Schedule (PDF)

    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.

    Via Satellite: Check with Rick Potrikus WFSU Television (800) 322-WFSU for further satellite information.

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    If you miss a live case, view it from our archive at http://wfsu.org/gavel2gavel/archives/index.html

    Names & phone numbers of attorneys in these cases are available in Acrobat format.

    Questions, comments? publicinformation@flcourts.org


    Florida Supreme Court Oral Arguments

    Monday, March 1, 2010

    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

    Paul Glen Everett v. State of Florida

    SC08-1636 | SC09-646

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

     

    9:00

    Mr. Everett was convicted of the first-degree murder of Kelly M. Bailey, who was raped and fatally attacked in her home in 2001. The jury voted unanimously to recommend a death sentence and the trial court condemned him. The death sentence was upheld by this Court on direct appeal and Mr. Everett filed a postconviction challenge in the trial court. It was denied and this appeal followed.

    Bay County

    Florida Parole Commission v. Joseph Robert Spaziano

    SC06-1252

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

    Approx. 9:40
    Mr. Spaziano, a prisoner, lost a court challenge to his parole date. The trial court also ruled that he was liable for court costs under a state law dealing with civil lawsuits by inmates. The First District Court of Appeal, however, overturned that ruling. The 1st DCA concluded that Mr. Spaziano's challenge to the Parole Commission's determination of his presumptive parole date qualified as a collateral criminal proceeding and, as such, was specifically exempted from the law requiring payment of court costs.
    Central Florida

    Rafael Vargas v. Enterprise Leasing Co.

    SC08-2269

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

    Approx. 10:30

    Mr. Vargas sued Enterprise Leasing after he was hurt in a crash involving a car leased from the company. Enterprise argued that federal law shields car rental companies from lawsuits alleging negligence or fault by people driving rented cars. The trial court agreed with Enterprise as did the Fourth District Court of Appeal. The 4th DCA also sent the issue to this Court as a question of great public importance.

    Justice Pariente is recused

    Palm Beach County

     

     

    Florida Supreme Court Oral Arguments

    Tuesday, March 2, 2010

    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: Legislature convenes

     

     

     

     

     

    Florida Supreme Court Oral Arguments

    Wednesday, March 3, 2010

    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

    Donald Lenneth Banks v. State of Florida

    SC08-1741

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

     

     

    9:00

    Mr. Banks was convicted of the first-degree murder of Linda Volum, who was fatally stabbed in her home in 2005. The jury voted 10-2 to recommend a death sentence and the trial court condemned him. This is his direct appeal. He raises various issues.

    Duval County

    Roman Ramirez v. Charles H. McCravy

    SC09-490

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

     

     

     

    Approx. 10:00
    After being hurt in a 2003 car crash, Mr. Ramirez sued Mr. McCravy. Mr. McCravy, however, argued that Mr. Ramirez had missed the deadline for filing suit. Mr. Ramirez argued that tolling orders issued by this Court in the wake of several hurricanes in 2004, 2005 and 2006 had pushed back the deadline. The trial court agreed with Mr. McCravy and the Third District Court of Appeal upheld the trial court.
    Miami-Dade County

    Gerald Petion v. State of Florida

    SC09-664

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

     

     

    Approx. 10:40
    Mr. Petion was convicted of drug offenses in a non-jury trial. He appealed to the Fourth District Court of Appeal, which agreed with him that the trial court had erred when it allowed the state to present evidence about common practices of drug dealers. But the 4th DCA went on to rule that the mistake was a harmless one because judges are presumed to base their decisions on admissible evidence.
    Broward County

    Internet Solutions Corp. v. Tabitha Marshall

    SC09-272

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

     

     

     

    Approx. 11:20

    Internet Solutions sued Ms. Marshall in federal court in Florida, alleging defamation for comments she posted about the company on her Web site. Internet Solutions is a Nevada corporation that does business in Florida; Ms. Marshall lives in the state of Washington. Ms. Marshall argued the suit should be dismissed because there was not enough to connect her to Florida. The 11th U.S. Circuit Court of Appeals is asking this Court whether the Florida statute that deals with lawsuits against non-residents applies to allegedly defamatory material a non-resident posts on the Web.

    Nevada & Washington State

     

     

    Florida Supreme Court Oral Arguments

    Thursday, March 4, 2010

    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

    Renaldo Devon McGirth v. State of Florida

    SC08-976

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

    N/A

    Removed from calendar; rescheduled for April

    Marion County

    David Eugene Johnston v. State of Florida

    SC10-356

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

    9:00
    Mr. Johnston was convicted of the first-degree murder of Mary Hammond, an 84-year-old woman who was stabbed and strangled in her Orlando home in 1983. The jury voted 8-4 to recommend a death sentence and the trial court condemned Mr. Johnston to death. After the state scheduled his execution for March 9, Mr. Johnston filed a post-conviction challenge in circuit court. It was denied and this appeal followed.
    Orange County

    Robert J. Trease v. State of Florida

    SC07-1353 | SC08-792

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

    9:40

    Mr. Trease was convicted of the first-degree murder of Paul Edenson, who was beaten, shot, and knifed in 1995. The jury voted 11-1 to recommend a death sentence and the trial court condemned him. This Court upheld the sentence on direct appeal. Mr. Trease filed a postconviction challenge in trial court but then told the court he wanted to stop his appeals and the court ruled he could do so. His attorney appealed that ruling to this Court and Mr. Trease also said he had changed his mind again and wanted to continue his appeals.

    Sarasota County

    QBE Insurance Corp. V. Chalfonte Condominium Appartment Association

    SC09-441

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

     

     

     

    Approx. 10:30

    Chalfonte sued QBE in federal court in a dispute over property insurance coverage and claims following Hurricane Wilma in 2005. The trial court awarded Chalfonte $7 million in damages. The case was appealed to the 11th U.S. Circuit Court of Appeals. The federal appeals court has asked this Court to rule on several questions of Florida law.

    Boca Raton

    Leslie S. Osborne v. Denise DuMoulin

    SC09-751

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

    Approx. 11:10
    Ms. DuMoulin filed for bankruptcy and claimed the protection of the homestead exemption in the state constitution. Later she said she intended to surrender her home, which was in foreclosure, and instead use a personal property exemption created for debtors who do not benefit from the homestead exemption. Mr. Osborne, the trustee, argued Ms. DuMoulin could not switch because she had already benefited from the homestead exemption. The 11th U.S. Circuit Court of Appeals has asked this Court to determine what state law allows.
    Broward County

     

     

     

    Florida Supreme Court Oral Arguments

    Friday, March 5, 2010

    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