[SUPREME COURT OF FLORIDA]
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.

[ETCHING: SUPREME COURT OF FLORIDA]
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
No arguments scheduled

Florida Supreme Court Oral Arguments
Tuesday, April 1, 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

Florida Supreme Court Oral Arguments
Wednesday, April 2, 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
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

Florida Supreme Court Oral Arguments
Thursday, April 3, 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
No arguments scheduled

Florida Supreme Court Oral Arguments
Friday, April 4, 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
No arguments scheduled

Florida Supreme Court Oral Arguments
Wednesday, April 9, 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
State of Florida v. J.P. & State of Florida v. T.M.

SC02-2288| SC02-2452

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

9:30 The City of Pinellas Park and the City of Tampa passed juvenile curfew ordinances. Several juveniles who were charged with violations of the ordinances challenged their constitutionality. The Second District Court of Appeal found that the ordinances failed the strict scrutiny test and are unconstitutional. The district court certified a question of great public importance asking this Court to determine if the ordinances are constitutional. Hillsborough County

Pinellas County

Statewide impact



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