[SUPREME COURT OF FLORIDA]
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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[ETCHING: SUPREME COURT OF FLORIDA]
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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
No arguments scheduled

Florida Supreme Court Oral Arguments
Tuesday, October 7, 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

Florida Supreme Court Oral Arguments
Wednesday, October 8, 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
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

Florida Supreme Court Oral Arguments
Thursday, October 9, 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
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

Florida Supreme Court Oral Arguments
Friday, October 10, 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
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

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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



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