![[SUPREME COURT OF FLORIDA]](sc3d.gif)
Oral Argument Press Summaries
October 6-10, 2003
NOTE: The Wainwright case
has been removed from Friday's arguments
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 these cases are available in Acrobat
format.
![[ETCHING: SUPREME COURT OF FLORIDA]](press1.gif)
Robert
Craig Waters, Director of Public Information
(850) 414-7641
Florida Supreme Court Oral
Arguments
Monday, October 6, 2003
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 |
| John M. Haire v. Florida
Dep't of Agriculture
SC03-446|
SC03-552
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
In 2002 the legislature
enacted a law prescribing a method for eradicating citrus canker by destroying
citrus trees within a certain vicinity of known infections. The trial court
held the statute unconstitutional, but the Fourth District Court reversed. |
Broward County |
| Charles Globe v. State
of Florida
SC02-39
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
Globe was charged with the
July 2000 murder of Elton Ard, a fellow inmate in the Columbia Correctional
Institute. The jury found him guilty and recommended the death penalty
9-to-3. The trial judge sentenced him to death. This is Globe's direct
appeal. |
Columbia County |
| Clyde Timothy Bunkley
v. State of Florida
SC01-297
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:40 |
Bunkley was arrested for
armed burglary when he was discovered inside a closed restaurant in April
1987, and police found a folded pocket knife with a 2 ½ to 3 inch
blade in his possession. He received a sentence of life in prison based
on the possession of a weapon even though there was no evidence he had
used the pocket knife or threatened anyone with it during the burglary.
On appeal, the Florida Supreme Court affirmed his conviction. The U.S.
Supreme Court reversed. The case is now before the Florida Supreme Court
for reconsideration. |
Sarasota County |
| John A. Cardegna v. Buckeye
Check Cashing, Inc.
SC02-2161
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:20 |
A class of plaintiffs sued
Buckeye and others for allegedly charging illegally excessive interest
rates for an advance of money obtained by "check cashing" and payment of
certain fees in the future. Yearly interest rates allegedly ranged between
137 and 1,317 percent. In cashing checks, plaintiffs signed agreements
that included a clause requiring binding arbitration if a dispute arose.
The Fourth District Court concluded that the parties must honor the arbitration
clause. |
Palm Beach County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| Frederica E. Breaux v.
City of Miami Beach
SC02-1568|
SC02-1569
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
Zachary Breaux drowned at
the 29th Street beach within the City of Miami Beach while trying to rescue
another tourist caught in a riptide, who also drowned. The nearest lifeguard
stand was at the 21st Street beach, where lifeguards had posted riptide
warnings. No such warnings were posted at the 29th Street beach. The estates
of both victims sued on grounds the City should have provided lifeguards
or warnings at the 29th Street beach. The trial court entered summary judgment
in favor of the City. The Third District Court affirmed. |
Miami-Dade County
Statewide impact |
| James V. Crosby, Jr.
v. Johnny Bolden
SC03-137
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
Bolden pled guilty to several
felony charges associated with an aggravated assault and battery he committed
in December 1992. This appeal involves a dispute over the re-calculation
of his release date after his prior conditional release was revoked. |
Leon County |
| State of Florida v. Alfred
J. Wagner
SC02-2167
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
On January 23, 2002, the
trial judge verbally announced his decision to release Wagner from custody
pending his civil commitment trial under the Jimmy Ryce Act. This was noted
in the court minutes. However, the judge did not enter a written order
to this effect until March 26, 2002. The State filed its petition in the
Fifth District Court within the next 30 days, but that Court dismissed
it as untimely, based on its conclusion that the 30-day time to appeal
commenced on January 23. |
Seminole County |
| Jack Dempsey Ferrell
v. State of Florida
SC02-1498|
SC03-218
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:10 |
Ferrell was tried, convicted,
and sentenced to death for the April 1992 murder of Mary Esther Williams.
His sentence was affirmed on appeal. He now challenges its validity. |
Orange County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| St. Joe Paper Corp. v.
H. Bruce McIver
SC02-2491
View briefs in Acrobat
format by clicking the case number(s) here |
9:00 |
McIver allegedly entered
into an oral contract with St. Joe to negotiate with the state for sale
of nearly 700 Gulf-front acres the company owned in Walton County, known
as Topsail Hill. The parties were unable to reach agreement on an acceptable
price. Later, the state sued to condemn the Topsail property and the parties
eventually settled on a price. St. Joe contended it did not owe McIver
a realtor's fee because the property was sold during the course of condemnation.
McIver sued for his two percent fee, but the trial judge entered summary
judgment in favor of St. Joe. The First District Court partially reversed. |
Walton County |
| Esig Perlow v. Sharon
H. Berg-Perlow
SC02-1317
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:40 |
This appeal involves issues
issues of attorneys fees and child custody as a result of the Perlows'
divorce. |
Palm Beach County |
| State of Florida v. Donn
A. Duncan
SC02-636|
SC03-145
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 10:30 |
Duncan was tried, convicted,
and sentenced to death for the December 1990 murder of his financee Deborah
Bauer. His sentence was affirmed on appeal. He now challenges its validity. |
Orange County |
| Florida Dep't of Revenue
v. New Sea Escape Cruises, Ltd.
SC02-2013
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 11:10 |
The Department assessed
more than $1million plus interest against New Sea Escape for failure to
pay the state certain sales and use taxes resulting from "cruises to nowhere."
The Fourth District Court affirmed in part and reversed in part. |
Broward County |
| Case |
Time |
Facts & Issues |
Place of Origin |
| State of Florida v. Henry
A. Davis
SC02-803
| SC03-186
View briefs in Acrobat
format by clicking the case number(s) here |
8:30 |
Davis was tried, convicted,
and sentenced to death for the March 1987 murder of Joyce Ezell. His sentence
was affirmed on appeal. Later, he challenged the validity of his conviction
and sentence, and the trial court ordered a new sentencing. The State appeals,
and Davis cross-appeals the denial of a new trial. |
Polk County |
| Anthony Floyd Wainwright
v. State of Florida
SC02-1342|
SC02-2021
View briefs in Acrobat
format by clicking the case number(s) here |
N/A |
Removed from calendar
and will be rescheduled |
Hamilton County |
| Martin Matthew Dobrin
v. Florida Dep't of Highway Safety & Motor Vehicles
SC02-2540
View briefs in Acrobat
format by clicking the case number(s) here |
Approx. 9:10 |
Dobrin's driver's license
was suspended for one year after he refused a breath test when an officer
stopped him. The trial court overturned the license suspension on grounds
that the police stop was unlawful. The Fifth District Court reversed. |
Volusia County |