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  • Gavel to Gavel - Supreme Court Oral Argument Broadcasts

    Oral Argument Banner

    Oral Argument Schedule & Briefs

    September 3 & 8-12, 2008

    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, or see:

    http://wfsu.org/tv/satellite_services.html

    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 RealVideo 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

    Wednesday, September 3, 2008

    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

    Andy Ford v. Kurt Browning
    SC08-1529


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

    9:00

    A trial judge ruled that the state's Taxation and Budget Reform Commission did not overstep its authority when it placed two amendments to the Florida Constitution on November's ballot. One ballot measure would amend Article 1, section 3, which is entitled "Religious Freedom" and the other ballot measure would amend Article IX, which is entitled "Public Education." The trial judge also ruled that the ballot title and summary describing each amendment give voters fair notice of what the amendments would do. Mr. Ford and other amendment opponents appealed the ruling and the First District Court of Appeal asked this Court to take the appeal immediately as a matter of great public importance.

    Statewide impact

    Fla. Dept. of State v. Beverly Slough

    SC08-1569

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

    Approx. 9:40

    A trial judge ruled that an amendment to the Florida Constitution that was placed on November’s ballot by the state’s Taxation and Budget Reform Commission was misleading and did not adequately inform voters of the consequences of the amendment. Among other things, the amendment would make significant changes to the way Florida schools are funded. The state appealed the ruling and the First District Court of Appeal asked this Court to take the case immediately as a matter of great public importance.

    Statewide impact

     

    Florida Supreme Court Oral Arguments

    Monday, September 8, 2008

    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

    Richard Henyard v. State of Florida

    SC08-222 | SC08-1544

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

    9:00

    Mr. Henyard is scheduled to be executed Sept. 23. He was convicted of the murders of Jasmine and Jamilya Lewis, who were fatally shot after being kidnapped with their mother from a grocery store parking lot in 1993. The jury voted unanimously to recommend a death sentence for each murder and he was condemned. This Court upheld the convictions and sentences on direct appeal. A post-conviction challenge filed by Mr. Henyard in the trial court was rejected and this Court upheld that ruling. Other petitions were also rejected. In this case, Mr. Henyard makes various arguments, including claims of newly discovered evidence and issues relating to mental illness.

    Lake County

    Florida Supreme Court Oral Arguments

    Tuesday, September 9, 2008

    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

    Gabby Tennis v. State of Florida

    SC06-730

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

    N/A

    REMOVED FROM CALENDAR

    Broward County

    Frank J. Trytek v. Gale Industries, Inc.

    SC07-1641

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

     

    9:00

    After Gale Industries damaged electrical wiring in the Tryteks' home, the company and Mr. and Mrs. Trytek disagreed over the cost of repairing the damage. Gale filed a construction lien for its original insulation work and brought suit to foreclose the lien. The Tryteks brought a counterclaim for the cost of repairs. After the offset of the Tryteks' counterclaim, Gale recovered only a small portion of its lien. Both parties claimed to be the "prevailing party" and sought attorney fees and costs. The trial court ruled that the Tryteks were the prevailing party and awarded the Tryteks their fees and costs. Gale Industries appealed to the Fifth District Court of Appeal. The 5th DCA overturned the trial court and certified the issue to be one of great public importance warranting review by this Court.

    Orange County

     

    Florida Supreme Court Oral Arguments

    Wednesday, September 10, 2008

    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

    Jodi Benjamin v. Tandem Healthcare, Inc.

    SC07-2423

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

    9:00

    Marlene Gagnon, a nursing home resident, died after choking on some food. Ms. Benjamin, the personal representative of Ms. Gagnon's estate, sued the nursing home and sought records under a provision of the state constitution called "Patients' Right to Know." The nursing home refused, arguing that provision applied only to hospitals and doctors. The trial judge disagreed and ordered that the nursing home provide the records. However, the Fourth District Court of Appeal overturned that order. The 4th DCA also asked this Court to consider the issue as one of "great public importance."

    Palm Beach County

    Ricky Bradley v. State of Florida

    SC08-196

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

    Approx. 9:40

    Mr. Bradley pleaded no contest to a charge of attempted felony murder and robbery with a firearm after shooting a woman at a bank ATM machine. He was sentenced to 20 years in prison under Florida's 10-20-life law, which spells out mandatory minimum sentences for possession and use of guns during certain serious crimes. Mr. Bradley challenged the sentence, arguing that the document detailing the charges did not allege that he fired the gun. Therefore, he argued, the sentence was improper. The trial court denied his motion, as did the Fifth District Court of Appeal.

    Volusia County

     

    Florida Supreme Court Oral Arguments

    Thursday, September 11, 2008

    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

    Florida Growth Management Citizens’ Initative

    SC08-318 | SC08-492

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

    9:00

    The Court considers a proposed amendment to the Florida Constitution for compliance with two requirements that citizen initiatives must satisfy to be placed on the ballot. One standard deals with the scope of the amendment: It must be limited to a single subject. The other standard deals with the ballot title and summary: They must fairly explain the amendment for voters. This citizen initiative gives voters a process for petitioning for a referendum on proposed changes to their local growth management plans. The Court also reviews a related statement of fiscal impact.

    Statewide impact

    Jackson-Shaw Co. v. Jacksonville Aviation Authority

    SC07-2235

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

    Approx. 9:40

    Jackson-Shaw Company filed a federal lawsuit challenging a lease agreement between another private company and the Jacksonville Aviation Authority involving 328 acres of undeveloped land owned by the JAA. The lawsuit argued that the agreement violated the state constitution, which bans Florida governments from becoming joint owners with private companies or from pledging their credit to help private companies. The JAA argued that the development agreement was just a long-term lease and did not violate the state constitution. The federal trial court ruled the state constitution was not violated. On appeal, the 11th U.S. Circuit Court of Appeals concluded that before the case could be decided, this Court would have to settle the dispute over the scope of the state constitutional provision.

    Duval County

    Thomas William Rigterink v. State of Florida

    SC05-2162

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

    Approx. 10:30

    Mr. Rigterink was convicted of the first-degree murder of Jeremy Jarvis and Allison Sousa, who were fatally stabbed in 2003. The jury voted 7-5 to recommend a death sentence for each murder and he was condemned. This is his direct appeal and he raises several issues.

    Polk County


    Florida Supreme Court Oral Arguments

    Friday, September 12, 2008

    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