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Supreme Court of Florida

Oral Argument Press Summaries

June 4-8, 2012

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 cases: http://www.flcourts.org/pubinfo/summaries/attorneys.pdf

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Robert Craig Waters, Director of Public Information

(850) 414-7641



Florida Supreme Court Oral Arguments

Monday, June 4, 2012

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

Tuesday, June 5, 2012

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

Joan Ruble v. Rinker Materials Corp.

SC11-1173

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

9:00

Joan Ruble and her husband filed a personal injury lawsuit against Rinker Materials, alleging his terminal mesothelioma was caused by exposure to asbestos in Rinker products. After he died, she moved to continue the lawsuit as a personal representative of his estate. The trial court, however, dismissed the case, ruling Florida's Wrongful Death Act required that a new suit be filed. The Third District Court of Appeal upheld that decision.

Miami-Dade County

Karen Capone v. Philip Morris USA, Inc.

SC11-849

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

Approx. 9:40

Mrs. Capone and her husband filed a personal injury lawsuit against Philip Morris, alleging his injuries and her loss of consortium were caused by his smoking. After he died, she moved to continue the lawsuit, both on her own behalf and as a personal representative of his estate. Philip Morris argued, among other things, that Florida's Wrongful Death Act required that a new suit be filed. The trial court ruled the case had to be dismissed and the Third District Court of Appeal upheld that decision.

Miami-Dade County

George Jackson v. The Shakespeare Foundation

SC11-1196

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

Approx. 10:30

The Shakespeare Foundation and its developer accused George Jackson, Kerry Jackson and their real estate company of fraud in a lawsuit filed over a property deal. The suit alleged the Jacksons had misrepresented the presence of wetlands on the property. The Jacksons argued the suit should be dismissed because of an arbitration provision in the sales contract. The trial court agreed but the First District Court of Appeal reversed that ruling. The 1st DCA also ruled that its opinion was in conflict with an opinion issued by the Fifth District Court of Appeal in a similar case.

Bay County

 

 


Florida Supreme Court Oral Arguments

Wednesday, June 6, 2012

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: Amendments to the Florida Rules of Traffic Cout

SC12-38

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

9:00

The Florida Bar's Traffic Court Rules Committee has proposed changes to the rules governing traffic court. One change would add a provision designed to make sure people representing themselves are aware of their constitutional right against self-incrimination. Another proposed change would require that drivers who want a hearing after their licenses have been suspended have six months to request it.

Statewide impact

In re: Amendments to the Florida Rules of Juvenile Procedure

SC12-188

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

Approx. 9:30

The Florida Bar's Juvenile Court Rules Committee has proposed rule changes. Some changes would make juvenile delinquency rules more like rules in adult criminal cases. For example, juveniles would have to be given enough time to consider pleas and be told of possible consequences of pleas, such as registration as a sexual offender or immigration status. Other rule changes would affect dependency and termination of parental rights cases. Some of these changes would let courts review the state's search for a missing parent and would add to the procedures for determining paternity.

Statewide impact

Vincent J. Puglisi v. State of Florida

SC11-768

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

Approx. 10:00

Mr. Puglisi was convicted of the first-degree murder of Alan Jay Shalleck, who was fatally stabbed and beaten in 2006. Mr. Puglisi was sentenced to life in prison without the possibility of parole. He appealed to the Fourth District Court of Appeal, arguing the trial court erred when it allowed his defense attorneys to refuse to call witnesses whom he wanted to testify. The 4th DCA upheld the trial court. Mr. Puglisi argued that ruling conflicted with decisions by other Florida appellate courts.

Palm Beach County

 

 


Florida Supreme Court Oral Arguments

Thursday, June 7, 2012

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

Public Defender, Eleventh Judicial Circuit v. State of Florida

SC09-1181 | SC10-1349

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

9:00

The Public Defender advised the trial court that its caseload had become so excessive that it could no longer take new non-capital felony cases. The trial court issued an order allowing the office to refuse some new cases. The Third District Court of Appeal overturned that ruling. In a second similar case, the trial court issued an order approving a request for an individual public defender to withdraw from a case. The 3rd DCA overturned that ruling as well.

Miami-Dade County

In re: Amendments to the Florida Rules of Criminal Procedure

SC12-187

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

Approx. 9:40

The Florida Bar's Rules of Criminal Procedure Committee has proposed changes to the rules governing criminal procedures. Examples include clarifying the time frame for filing a notice of expiration of speedy trial deadline and clarifying the right of a pro se defendant or an attorney to apply for subpoenas. Another proposed rule change would allow a judge to write an answer to a jury's questions rather than bringing the jury back into the courtroom to respond orally.

Statewide impact

 

 


Florida Supreme Court Oral Arguments

Friday, June 8, 2012

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