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