[SUPREME COURT OF FLORIDA]
Oral Argument Press Summaries
April 2-6, 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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Florida Supreme Court Oral Arguments
Monday, April 2, 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
Richard Toombs v. Alamo Rent-A-Car, Inc.

SC00-1755

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

9:00 Ian Stuttard and his wife Julia jointly rented an Alamo car. Later, Ian negligently drove the car, causing an accident that killed Julia and injured one of the couple's children. Toombs, the representative of Julia's estate, sued Alamo. Alamo moved to dismiss on grounds her estate could not sue because she was a joint renter of the car and her husband's negligence was imputed to her. The trial court agreed, and the Fifth District Court affirmed. Osceola County
John B. Vining v. State of Florida

SC99-67

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

Approx. 9:40 Vining was tried and sentenced to death for the 1987 murder of Georgia Caruso. His sentence was upheld on appeal. He now challenges its validity. Orange County
Woodside Village Condominium Assn. v. Adolph S. Jahren

SC00-1030

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

Approx. 10:30 The Woodside Condominium Association was created in 1979. Jahren and Gary McLernan bought several units each as investments, intending to rent them. Originally, units could be rented on a year-to-year basis by non-owners. However, in later years the renting rules were changed to forbid renting any unit for more than nine months in any twelve-month period. The condominium president later determined that Jahren and McLernan had violated this rule and demanded that renters leave their units immediately. The Association sued but lost in the trial court. On appeal, the Second District affirmed. Pinellas County
James Armando Card v. State of Florida

SC00-182

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

Approx. 11:10 Card was tried and sentenced to death for the June 1981 robbery, kidnaping, and murder of Janice Franklin. His sentence was upheld on appeal. He now challenges its validity. Bay County
Gregory Mills v. Michael W. Moore

SC01-338

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

Approx. 11:50 Mills is under an active death warrant for the May 25, 1979, murder of James Wright and is scheduled to be executed at 6 p.m. on May 2. He challenges the warrant. Seminole County

Florida Supreme Court Oral Arguments
Tuesday, April 3, 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
Juan Carlos Chavez v. State of Florida

SC94,586

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

9:00 Chavez was arrested and charged with the September 11, 1995, kidnaping, molestation, and murder of 9-year-old Jimmy Ryce. He was tried in Orlando, convicted, and sentenced to death based on a jury recommendation of 12-to-0. This is his direct appeal. Dade County

Orlando Connection

Frank C. Walker, Jr. v. Virginia Insurance Reciprocal

SC00-1710

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

Approx. 10:00 Ann & Robert Auman sued a Georgia hospital over alleged negligent failure to diagnose hypothyroidism in their newborn. Later the infant came under the care of Dr. Larry Walker and another physician in Tallahassee. About 11 months later another physician diagnosed the child's condition. The Auman's sued, eventually reaching a settlement with the Georgia hospital's insurer, V.I.R. V.I.R. then sued the two Tallahassee physicians asking that they pay a share of the settlement. The trial court dismissed the complaint, but the First District Court reversed. Leon County
Mark Dean Schwab v. State of Florida

SC97,008& SC00-1629

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

10:40 Schwab was tried, convicted, and sentenced to death for the April 1991 kidnaping, molestation, and murder of 11-year-old Junny Rios-Martinez. He now challenges the validity of his sentence. Brevard County
Florida Dept. of Revenue v. Florida Municipal Power Agency

SC00-1916

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

Approx. 11:20 FMPA is a wholesale electricity supplier owned by the municipalities it serves. It contended that a 1996 statute exempted municipally owned utilities like itself from paying sales taxes when purchasing materials meant to repair, replace, or refurbish its facilities. The Department of Revenue rejected this contention, but the First District Court disagreed and certified the case to the Supreme Court. Leon County

Florida Supreme Court Oral Arguments
Wednesday, April 4, 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
Coastal Florida Police Benevolent Assn. v. Phillip B. Williams

SC00-1860& SC00-2072

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

9:00 In 1978 the Supreme Court issued an opinion saying that deputy sheriff's have no right to engage in collective bargaining. In intervening years, however, the Supreme Court has issued other opinions that have been interpreted as reaching a contrary result. Based on these new opinions, the Coastal PBA filed a petition with the state asking to be certified as the bargaining agency for Brevard County deputy sheriffs. The state accepted the petition, and Sheriff Williams appealed. The First District denied his request but certified the case to the Supreme Court. Brevard County

Statewide impact

Harold Lee Harvey, Jr. v. State of Florida

SC95,075

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

Approx. 9:40 Harvey was tried, convicted, and sentenced to death for the February 23, 1985, murders of William & Ruby Boyd. His sentences were affirmed on appeal. He now challenges their validity. Okeechobee County
John M. Gouty v. J. Alan Schnepel

SC00-1853

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

Approx. 10:30 Schnepel negligently shot a gun manufactured by the Glock company, injuring Gouty. Prior to trial, Gouty settled with Glock for $137,500, but Glock admitted no liability. Schnepel admitted liability, but also contended that Glock was partially at fault. At trial, the jury was asked to apportion liability between Schnepel and Glock, and it found Schnepel 100 percent liable. It awarded total damages of $250,000. Schnepel asked that this award at least be partially offset by the Glock settlement, but the trial court refused. On appeal, the First District Court reversed but certified the question to the Supreme Court. Duval County
Mark Evan Olive v. Roger R. Maas

SC00-317

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

Approx. 11:10 Olive applied to join the state registry of attorneys available to represent death row inmates in the event the capital collateral representatives could not do so due to conflict. In 1998 he was appointed to represent death-row inmate Anthony Mungin. Maas then asked Olive to sign the state contract required by law for all registry counsel. Olive refused on grounds it improperly restricted the lawyer-client relationship. Later, he sued, challenging portions of the registry counsel laws. The trial court rejected his claims, and the First District Court certified the case to the Supreme Court. Leon County

Florida Supreme Court Oral Arguments
Thursday, April 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
No cases scheduled

Florida Supreme Court Oral Arguments
Friday, April 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
No cases scheduled



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