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    Oral Argument Banner

    Oral Argument Schedule & Briefs

    October 4-8, 2010

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    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.

    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 Flash video 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

    Monday, October 4, 2010

    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, October 5, 2010

    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

    Steven Richard Taylor v. State of Florida

    SC09-1382 | SC10-143

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

     

     

     

     

     

    9:00

    Mr. Taylor was convicted of the first-degree murder of Alice Vest, who was sexually assaulted, beaten, stabbed and strangled in her home in September 1990. The jury voted 10-2 to recommend a death sentence and the trial court condemned him. This Court upheld the sentence on direct appeal and Mr. Taylor filed a post-conviction challenge in trial court. It was denied and this appeal followed. He raises various issues.

    Duval County

     

     

    Florida Supreme Court Oral Arguments

    Wednesday, October 6, 2010

    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

    FEA v. Florida Department of Education

    SC10-1784

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

     

     

     

     

     

     

     

    9:00

    This case involves a challenge to proposed Amendment 8, which the Legislature voted to put on the November ballot. Florida Education Association and others have alleged that the ballot title and summary do not fairly describe the proposed amendment to Florida's Constitution. The trial court, however, ruled the ballot title and summary were adequate and clear. This appeal followed.

     

    Statetwide impact

    Clarence Dennis v. State of Florida

    SC09-941

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

     

     

     

     

     

     

     

     

    Approx. 9:40
    Mr. Dennis was charged with aggravated battery. He argued that he should not be prosecuted because he had been acting in self-defense. The trial court denied his motion and he was convicted of felony battery. He appealed, arguing the trial court erred by not hearing evidence before ruling on his motion. The Fourth District Court of Appeal upheld the conviction but ruled its decision was in conflict with a decision from another District Court of Appeal.
    Okeechobee County

    The Bionetics Corp. V. Frank W. Kenniasty

    SC09-1243

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

     

     

     

     

     

     

     

    Approx. 10:30

    A dispute over entitlement to attorney fees under s. 57.105 developed after The Bionetics Corp. successfully defended itself against a lawsuit filed by Mr. Kenniasty on behalf of clients. The trial judge ruled that Bionetics was owed attorney fees for three frivolous claims. However, the Fifth District Court of Appeal overturned that ruling, finding that Bionetics had not complied with a new state law that provided a "safe harbor" to losing parties if certain conditions were met. This appeal followed.

    Brevard County

     

     

    Florida Supreme Court Oral Arguments

    Thursday, October 7, 2010

    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

     Charlie Crist v. Robert M. Ervin

    SC10-1317 | SC10-1319

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

    9:00

    Mr. Ervin challenged the constitutionality of state laws that require portions of filing fees on civil court cases to be deposited into Florida's general revenue fund. They argued the laws are an unconstitutional tax and violate various constitutional rights, including access to the courts. The trial court agreed that the laws were unconstitutional. This appeal followed.

    Statewide impact

     Erica Lynn Corey v. Michael James Corvey

    SC10-164

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

    Approx. 9:40
    In this child-custody case, the trial court had entered an order denying the father's request for rotating custody. The Third District Court of Appeal overturned that order, citing a state law that provided for rotating custody if that was in the child's best interest. The mother filed this appeal, arguing that precedent in Florida courts that limits rotating custody to cases with exceptional circumstances was still in effect.
    Miami-Dade County

    Michael Hernandez v. State of Florida

    SC09-2225

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

    Approx. 10:30
    Mr. Hernandez was charged with first-degree murder in Miami-Dade County. After seeking a change of venue, he was tried and convicted in Orange County. His case was then sent back to Miami-Dade, where he was sentenced to life in prison. He appealed and sought to have the appeal heard in the Fifth District Court of Appeal, which covers Orange County. The Third District Court of Appeal, which covers Miami-Dade, denied that request but agreed that its decision was in conflict with decisions from other DCAs.
    Miami-Dade County

    Michael Bradsheer v. Florida Dept. of Highway Safety & Motor Vehicles

    SC09-2255

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

    Approx. 11:10

    Two drivers sued the Department of Highway Safety and Motor Vehicles after it said their driver licenses would be revoked if they did not install ignition interlocks on their cars. The trial court dismissed the lawsuit. The First District Court of Appeal affirmed that decision in part and reversed it in part, ruling that some issues might need to be explored at trial to be determined.

    Statewide impact

     

     

     

    Florida Supreme Court Oral Arguments

    Friday, October 8, 2010

    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