[SUPREME COURT OF FLORIDA]
Oral Argument Press Summaries
October 4 to 8 & 13, 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, October 4, 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
Michael Duane Zack III v. State of Florida

SC03-1374 | SC04-201

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

9:00 Zack was tried, convicted, and sentenced to death for the murder of Ravonne Kennedy Smith. His sentence was affirmed on appeal. He now challenges its validity. Escambia County
Gloriann Wilson v. Eva J. Salamon M.D.

SC04-140

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

Approx. 9:40 Wilson sued for medical malpractice, but her case was dismissed for lack of prosecution. The Second District Court affirmed. Polk County
Costa T. Vathis v. State of Florida

SC03-2268

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

Approx. 10:30 Vathis was sentenced to life imprisonment for sexual assault on a child under the age of 12. He later challenged his sentence on grounds that his attorney was ineffective. The trial court rejected this claim, and the First District Court affirmed. Leon County
Florida Board of Bar Examiners Re: W.F.H.

SC04-185

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

Approx. 11:10 W.F.H. was denied admission to The Florida Bar by the Bar Examiners due to alleged misconduct when he was a police officer. W.F.H. asks this Court to review the case.

Florida Supreme Court Oral Arguments
Tuesday, October 5, 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
Ernest D. Suggs v. State of Florida

SC03-1330 | SC04-224

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

Approx. 9:00 Suggs was tried, convicted, and sentenced to death for the August 1990 murder of Pauline Casey. His sentence was affirmed on appeal. He now challenges its validity. Walton County
Florida Dept. of Revenue v. City of Gainesville

SC03-2273

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

Approx. 9:40 The City of Gainesville sells certain telecommunications services. The Department sought to tax city property used to provide the telecommunications services. Gainesville sued, and the trial court declared unconstitutional the portions of the statute authorizing the tax. The First District affirmed on appeal Alachua County
Walter Goldberg v. Florida Power & Light Co.

SC03-1942

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

Approx. 10:30 The Goldbergs filed suit over the death of their daughter, who was killed at a traffic intersection. This occurred after Florida Power disabled the traffic light at the intersection while attempting to repair a nearby power line damaged by lightning. At trial the jury awarded the Goldbergs $37 million, and the trial judge denied Florida Power's motion to set it aside. On appeal, the Third District affirmed but, on rehearing, the full court reversed and ordered the trial court to direct a verdict in favor of Florida Power. Miami-Dade County

Florida Supreme Court Oral Arguments
Wednesday, October 6, 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
James Floyd v. State of Florida

SC03-865

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

9:00 Floyd was tried, convicted, and sentenced to death for the January 1984 murder of Annie Bar Anderson. His convictions and sentence were affirmed on appeal. Subsequently, this Court remanded the case for an evidentiary hearing on some of Floyd's postconviction relief claims. The trial court denied relief after the evidentiary hearing. Floyd now appeals the trial court's rulings. Pinellas County
Carlos Fayad v. Clarendon National Insurance Co.

SC03-1808

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

Approx. 9:40 The Fayads asked their insurer Clarendon to pay for damages to their home and personal property allegedly caused by nearby blasting activity. Clarendon denied the claim, contending that the damages were excluded from coverage under the policy's earth movement exclusion. Clarendon filed a motion for summary judgment that coverage was precluded under the earth movement exclusion, which the trial court granted. The Third District affirmed on appeal. Miami-Dade County
Donald W. Dufour v. State of Florida

SC03-1326 | SC04-232

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

Approx. 10:30 Dufour was tried, convicted, and sentenced to death for the 1981 murder of Zack Miller. His sentence was affirmed on appeal. He now challenges its validity. Orange County
Hadi B. Lashkajani v. Amy H. Lashkajani

SC03-1275

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

Approx. 11:10 Before marrying in 1989, the husband and wife entered into a prenuptial agreement. She sued for divorce in 2000 and sought to enforce the agreement. A dispute arose as to who had to pay attorneys fees and costs under the agreement, and the trial court ruled that both the husband and wife had to pay portions. The Second District Court reversed the portion of the order requiring the wife to pay some of the costs.  Polk County

Florida Supreme Court Oral Arguments
Thursday, October 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
Guillermo Octavio Arbalaez v. State of Florida

SC02-2284 | SC03-1718

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

9:00 Arbalaez was tried, convicted, and sentenced to death for the January 1988 murder of Julio Rivas. His sentence was affirmed on appeal. He now challenges its validity. Miami-Dade County
Lucious Boyd v. State of Florida

SC02-1590

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

Approx. 9:40 Boyd was arrested for the January 1998 kidnaping, sexual assault, and murder of Dawnia Dacosta. He was tried and convicted, and the jury unanimously recommended the death penalty, which the trial judge imposed. This is Boyd's direct appeal. Broward County
The Florida Bar v. Lee Howard Gross

SC01-1403 | SC01-2737 | SC02-1592 | SC03-210

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

Approx. 10:40 Gross was charged with several counts of ethical misconduct as a lawyer and a referee has recommended disbarment. Miami-Dade County
State of Florida v. Ferman Carlos Espindola; Everett Ward Milks v. State of Florida

SC03-2103 | SC03-1321

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

Approx. 11:10 Both of these cases involve challenges to Florida's Sexual Predator statutes. In one of them, the Third District Court found the statute unconstitutional. In the other, the Second District Court rejected a claim that the statute was unconstitutional. Miami-Dade County

Pasco County

Florida Supreme Court Oral Arguments
Friday, October 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
No cases scheduled

Florida Supreme Court Oral Arguments
Wednesday, October 13, 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
AFL-CIO v. Glenda Hood

SC04-1921

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

9:00 a.m. The case involves a challenge to a state statute permitting voters in some instances to cast provisional ballots during elections. Statewide impact



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