[SUPREME COURT OF FLORIDA]
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]
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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

Florida Supreme Court Oral Arguments
Tuesday, June 8, 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
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

Florida Supreme Court Oral Arguments
Wednesday, June 9, 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
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

Florida Supreme Court Oral Arguments
Thursday, June 10, 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
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

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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

Florida Supreme Court Oral Arguments
Friday, June 11, 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
Inquiry Concerning a Judge: Carven D. Angel

SC03-833

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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

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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

Florida Supreme Court Oral Arguments
Tuesday, June 29, 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: Sales Tax Exemptions

SC04-947
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 establish a special method of repealing sales tax exemptions. 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: Homestead Exemptions

SC04-942

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

Approx. 9:20 This case involves a proposed ballot initiative that would amend the state Constitution to increase the homestead exemption. 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: Repeal of High Speed Rail Amendment

SC04-944

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 repeal the high-speed rail amendment added to the Constitution earlier. 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: Florida Minimum Wage Amendment

SC04-943

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

Approx. 10:00 This case involves a proposed ballot initiative that would amend the state Constitution to create a state minimum wage. The Court must review the proposal on two issues: Whether it contains a single subject and whether the ballot summary is fair. Statewide impact



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