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Oral Argument Press Summaries
June 7 to 11 & 29, 2004
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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![[ETCHING: SUPREME COURT OF FLORIDA]](press1.gif)
Robert
Craig Waters, Director of Public Information
(850) 414-7641
Florida Supreme Court Oral
Arguments
Monday, June 7, 2004
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 |
| Advisory Opinion to the
Attorney General Re: Patients' Right to Know about Adverse Medical Incidents
SC04-777
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
This case involves a proposed
ballot initiative that would amend the state Constitution to create a public
right of access to certain kinds of information about adverse medical incidents.
The Court must review the proposal on two issues: Whether it contains a
single subject and whether the ballot summary is fair. |
Statewide impact |
| Advisory Opinion to the
Attorney General Re: Public Protection from Repeated Medical Malpractice
SC04-778
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
This case involves a proposed
ballot initiative that would amend the state Constitution to bar licensure
of any physician found to have committed 3 or more incidents of malpractice.
The Court must review the proposal on two issues: Whether it contains a
single subject and whether the ballot summary is fair. |
Statewide impact |
| Advisory Opinion to the
Attorney General Re: Physician Shall Charge the Same Fee for the Same Health
Care Service to Every Patient
SC04-779
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
This case involves a proposed
ballot initiative that would amend the state Constitution to require physicians
to charge all patients the same fee for the same medical service. The Court
must review the proposal on two issues: Whether it contains a single subject
and whether the ballot summary is fair. |
Statewide impact |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Suzanne S. Ham v. Scott
Ryan Dunmire
SC03-2038
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
Ham sued over injuries she
sustained in an auto accident. During pretrial discovery, Ham's attorneys
filed legal papers late and opposing counsel moved to dismiss the case
for that reason. The trial court agreed, and the First District Court affirmed. |
Escambia County |
| Jose Garcia v. State
of Florida
SC03-1677
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
Garcia was convicted of
possession of methamphetamine. On appeal, the district court held that
the trial court's failure to instruct the jury on the "guilty knowledge"
element of possession did not constitute fundamental error where Garcia
denied knowledge of the presence of the illegal substance. |
Pasco County |
| Advisory Opinion to the
Attorney General Re: The Medical Liability Claimant's Compensation Amendment
SC04-310
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
This case involves a proposed
ballot initiative that would amend the state Constitution to limit the
contingency fees that would be paid to attorneys in certain civil lawsuits.
The Court must review the proposal on two issues: Whether it contains a
single subject and whether the ballot summary is fair. |
Statewide impact |
| Broderick W. Monlyn v.
State of Florida
SC02-1729
|
SC03-1757
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:10 |
Monlyn was tried, convicted,
and sentenced to death for the November 1993 murder of Alton Watson. He
sentence was affirmed on appeal. He now challenges its validity. |
Madison County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Alphonso Cave v. State
of Florida
SC03-95
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
Cave was tried, convicted,
and sentenced to death for the April 1982 murder of Frances Slater. After
resentencings due to trial-court errors, his sentence was affirmed on appeal.
He now challenges its validity. |
Martin County |
| Raymond James Financial
Services v. Steven W. Saldukas
SC03-1610
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
In response to petitioner's
motion to compel arbitration, respondents alleged petitioner waived its
contractual right to arbitration. Trial court denied the motion to compel,
and district court affirmed. District court also certified conflict with
decisions of other district courts on the issue of whether a showing of
prejudice to the opposing party is required to find a waiver of a right
to arbitration. |
Collier County |
| Henry H. Blanton v. City
of Pinellas Park
SC03-1685
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Blanton owns a 10-acre parcel
of land with no access to a road. He filed suit against adjoining landowners
to obtain a "statutory way of necessity" as provided for in section 704.01(2),
Florida Statutes. The trial court ruled that his claim to a "statutory
way of necessity" had been extinguished by a statute governing certain
old claims against property titles. The Second District affirmed. |
Pinellas County |
| B.Y., the Grandmother
v. Florida Dep't of Children & Families
SC04-258
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:10 |
The grandmother moved from
Pennsylvania to Florida in October 2001 to take custody of her 3 grandchildren,
then in the custody of the Department. Later, the natural parent's parental
rights were terminated, and the grandmother sought to adopt her grandchildren.
After the Department failed to complete background checks on the grandmother
by a court-ordered deadline, the court ruled that it could waive the requirement
as applied to grandparents under a Florida law, and it did so. The Fourth
District reversed. |
Palm Beach County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Amendments to Florida
Rules of Criminal Procedure
SC04-100
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
In this case, the Court
will review proposed amendments to the Florida Rules of Criminal Procedure. |
Statewide impact |
| Amendments to Florida
Rules of Juvenile Procedure
SC04-97
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:00 |
In this case, the Court
will review proposed amendments to the Florida Rules of Juvenile Procedure. |
Statewide impact |
| The Florida Bar v. James
Manuel Heptner
SC01-1298
|
SC02-1118
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:40 |
Heptner was suspended from
the practice of law for ethical violations and later allegedly breached
the terms of his suspension by continuing to practice law. The Bar brought
additional charges and later added the charge that he had solicited the
purchase of cocaine from a client. The referee recommended a 2-year suspension
followed by 2 years' probation. The Bar Board of Governor's challenges
this recommendation and seeks disbarment. |
Hillsborough County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Inquiry Concerning a
Judge: Carven D. Angel
SC03-833
View briefs in Acrobat
format by clicking the case number(s) here |
8:30 |
Judge Angel has been ordered
to appear before the Court to be publicly reprimanded for ethical misconduct. |
Marion County |
| Sunset Harbour North
Condominium Association v. Joel Robbins
SC03-520
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 8:40 |
The Association sued the
property appraiser over a tax assessment of more than $20 million, on grounds
that the improvements being taxed were not substantially complete as required
by a Florida statute. As a defense to the suit, the Appraiser argued that
the statute was unconstitutional. The trial court agreed and declared the
statute unconstitutional. The Third District Court affirmed. |
Dade County |
| State of Florida v. Gary
Matthews
SC03-1676
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:20 |
This case involves whether
the decision in Tripp v. State, 622 So. 2d 941(Fla. 1993), applies
to habitual offender sentences. |
St. Lucie County |
| Eddie Simmons v. State
of Florida
SC03-2093
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:20 |
Eddie Simmons was charged
with the sale, manufacture, delivery or possession of cocaine as a result
of an April 2002 incident involving a drug transaction. Simmons asserted
a defense of misidentification and asserted that it was someone other than
he who participated in the transaction. The trial court dismissed the charge
after the State was unable to produce the confidential informant who helped
the undercover officer gain access to the porch where the transaction took
place. The Third District Court of Appeal reversed the trial court's decision
and held that in spite of the misidentification defense, the disclosure
of the informant's identity was not required in this case. In its written
opinion, the Third District certified conflict with another district court. |
Dade County |