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    Oral Argument Banner

    Oral Argument Schedule & Briefs

    May 3-7, 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.

    Some local cable systems in Florida usually carry our broadcasts live or tape-delayed.
    See the partial list of these systems.

    Watch us on the Web in Flash video at http://wfsu.org/gavel2gavel/
    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, May 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

    Andrew Krause v. Textron Financial Corp.

    SC09-881

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

     

     

     

    9:00

    Mr. Krause and others sued Textron in state court seeking to recover proceeds from sale of their country club memberships. The state court ruled that the lawsuit was barred because it was filed after Florida's five-year statute of limitations expired. Mr. Krause and others appealed, arguing that federal law suspended the statute of limitations while the case was in bankruptcy court. The Second District Court of Appeal upheld the trial court. This appeal followed.

    Collier County

    Clarence Dennis v. State of Florida

    SC09-941

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

    Approx. 9:40
    Mr. Dennis was convicted of felony battery and sentenced to five years in prison. Before his trial, he argued the case should be dismissed under Florida's "Stand Your Ground" law because he was defending himself from an attack. Prosecutors, however, disputed that was true. Citing that dispute, the trial judge denied Mr. Dennis' motion. The Fourth District Court of Appeal upheld that ruling but also certified conflict with a ruling by the First District Court of Appeal.
    Okeechobee County

    Zenaida Gomez v. City of Pinecrest

    SC09-1401

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

    Approx. 10:30

    The village of Pinecrest seized a rental property owned by Ms. Gomez after discovering marijuana growing in the house. She argued that she had no knowledge of the illegal activity. The trial court ruled the village had probable cause under Florida's Contraband and Forfeiture Act to seize the house. The Third District Court of Appeal upheld the trial court, concluding that knowledge of illegal activity was not required to seize the property; knowledge would have to proven at the second stage of the forfeiture proceedings. The Third District acknowledged its decision was in conflict with other DCAs on the issue of whether knowledge was required to seize the property. This appeal followed.

    Miami-Dade County

    Charles Mendenhall v. State of Florida

    SC09-400

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

    Approx. 11:10
    Mr. Mendenhall was sentenced to 35 years in prison with a 35-year mandatory minimum for attempted second-degree murder with a firearm under Florida's 10-20-Life law. He challenged the sentence, arguing that the harshest penalty allowed in his case was 30 years with a 25-year mandatory minimum. The trial court agreed. The Fifth District Court of Appeal later ruled that the trial court erred when it reduced the original sentence because the harshest penalty allowed by the law was life imprisonment.
    Lake County

     

     

    Florida Supreme Court Oral Arguments

    Tuesday, May 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

    Khalid Ali Pash v. State of Florida

    SC08-1129

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

     

     

    9:00

    Mr. Pasha was convicted of the first-degree murders of his wife, Robin Canady, and step-daughter, Reneesha Singleton, who were fatally stabbed and beaten in August 2002. The jury voted 7-5 to recommend a death sentence for each murder and the trial court condemned him. This is his direct appeal. He raises two issues.

    Hillsborough County

    Katherine Kaaa v. Joseph Kaaa

    SC09-967

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

    Approx. 10:00
    Katherine and Joseph Kaaa lived in a home that the husband purchased before their marriage. When they divorced after 27 years of marriage, the trial court concluded that the home remained a nonmarital asset, and the wife was entitled to none of the market-driven appreciation in the home's value. The Second District Court of Appeal upheld the trial court. The Second District certified that its decision conflicts with a decision from the First District Court of Appeal.
    Hillsborough County

    Wayne Atkinson v. Wal-Mart Stores, Inc.

    SC09-1956

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

    Approx. 10:40
    Mr. Atkinson and others sued Wal-Mart, seeking to recover life insurance benefits Wal-Mart was paid after the deaths of their relatives, who had worked for Wal-Mart as rank-and-file employees. The company had received $66,048 after the death of Rita Atkinson and $72,820 after the death of Karen Armatrout. A federal judge ruled the women's families did not have the right to sue under Florida law. The U.S. 11th Circuit Court of Appeals has asked this Court whether state law allows such a lawsuit.
    Central Florida

    Dean Kilgore v. State of Florida

    SC09-257 | SC09-1552

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

    Approx. 11:20

    Mr. Kilgore was convicted of the first-degree murder of Emerson Jackson, a fellow prison inmate who was fatally stabbed in 1989. The jury voted 9-3 to recommend a death sentence and the trial court condemned him. This Court upheld the sentence on direct appeal and Mr. Kilgore filed a post-conviction challenge in trial court. It was denied and this appeal followed. He raises various issues.

    Chief Justice Quince is recused.

    Polk County

     

     

    Florida Supreme Court Oral Arguments

    Wednesday, May 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

    In re: Standard Jury Instructions (Products Liability)

    SC09-1264

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

     

     

     

     

    9:00

    The Committee on Standard Jury Instructions in Civil Cases recommends changes to the jury instructions to be used in product liability lawsuits. The proposed changes include both new instructions and revised instructions intended to update, clarify and more clearly express the instructions in plain English.

     

    Statewide impact

    Kenneth Louis Dessaure v. State of Florida

    SC09-393 | SC09-1551

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

     

     

     

     

     

    Approx. 10:00
    Mr. Dessaure was convicted of the first-degree murder of Cindy Riedweg, who was fatally stabbed in 1999. He waived his rights to have a sentencing hearing before a jury and to present mitigating evidence and argument in favor of a life sentence. The trial court condemned him. The death sentence was upheld by this Court on direct appeal and Mr. Dessaure filed a post-conviction challenge in trial court. It was denied and this appeal followed. He raises various issues.
    Pinellas County

    Oscar Ray Bolin v. State of Florida

    SC08-1963

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

     

     

     

     

    Approx. 10:40

    Mr. Bolin was convicted of the first-degree murder of Teri Lynn Matthews, who was fatally beaten and stabbed in 1986, after two earlier convictions were reversed on appeal. He waived a penalty hearing before a jury and the trial court condemned him. This Court upheld the third conviction and death sentence on direct appeal and Mr. Bolin filed a post-conviction challenge in trial court. It was denied and this appeal followed. Mr. Bolin raises various issues.

    Chief Justice Quince is recused.

    Pasco County

     

     

    Florida Supreme Court Oral Arguments

    Thursday, May 6, 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

     

     

     

     

     

    Florida Supreme Court Oral Arguments

    Friday, May 7, 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