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Oral Argument Press Summaries
April 1-2, & 9, 2003
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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Robert
Craig Waters, Director of Public Information
(850) 414-7641
Florida Supreme Court Oral
Arguments
Monday, March 31, 2003
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 |
| Seth Penalver v. State
of Florida
SC00-1602
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
Seth Penalver was tried
and convicted for the June 1994 murders of Casmir Sucharski, Sharon Anderson,
and Marie Rogers. At the penalty phase, a jury recommended death 12-to-0.
The trial court imposed the death penalty. This is Penalver's direct appeal. |
Broward County |
| David Boland, Inc. v.
Trans Coastal Roofing Co.
SC02-2210
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:00 |
The Eleventh Circuit Court
of Appeals certified the following question to this Court: Does Florida
Statute section 627.428 authorize recovery of attorneys' fees in excess
of a performance bond's face amount from a subcontractor's surety, when
the fees claimant has not shown independent misconduct on the part of the
surety? |
Monroe County |
| Evelyn Barlow v. North
Okaloosa Medical Center, Inc.
SC02-796
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:40 |
Mrs. Barlow brought a wrongful
death action against North Okaloosa Medical Center, as the result of the
death of her husband. North Okaloosa Medical Center admitted liability
for Mr. Barlow's death and the parties agreed to submit to binding arbitration
on the issue of damages as provided for by the Medical Malpractice Act.
Mrs. Barlow appealed the arbitration award and the First District Court
of Appeal affirmed, relying in part on the definition of the term "net
accumulations" found in the Wrongful Death Act. Mrs. Barlow now seeks review
of the First District's decision, claiming that it is in conflict with
a prior decision of this Court. |
Okaloosa County |
| F.W. Cummings-El v. State
of Florida
SC01-1501|
SC02-1784
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:20 |
Cummings-El was tried, convicted,
and sentenced to death for the September 1991 murder of Kathy William Good.
His conviction and sentence was affirmed on appeal. He now challenges its
validity. |
Dade County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| David Bautista v. State
of Florida
SC02-2121
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
Bautista was charged with
two counts of DUI manslaughter in the January 2000 deaths of David and
Evelyn Shapiro. He was convicted and sentenced to 283.5 months in prison.
His sentence was upheld on appeal, but the District Court certified a question
whether someone can be convicted for two separate crimes of DUI manslaughter
both arising from a single accident. |
Palm Beach County |
| Michael T. Rivera v.
State of Florida
SC01-2523|
SC02-1788
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
Rivera was tried, convicted,
and sentenced to death for the January 1986 murder of Staci Lynn Jazvac.
His sentence was affirmed on appeal. He now challenges its validity. |
Broward County |
| Kenneth Allen Stewart
v. State of Florida
SC01-1998
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Stewart was tried, convicted,
and sentenced to death for the December 1984 murder of Ruben Dario Diaz.
Due to errors in the original proceedings, new hearings had to be held
and in March 2001 a jury recommended the death penalty 7-to-5, which the
trial judge imposed. This is Stewart's direct appeal. |
Hillsborough County |