[SUPREME COURT OF FLORIDA]
Oral Argument Press Summaries
November 1-5, 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, November 1, 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
Ronnie Johnson v. State of Florida

SC03-362 | SC03-1752

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

9:00 Johnson was tried, convicted, and sentenced to death for the March 1989 murder of Lee Arthur Lawrence, the attempted murder of a second person, and the aggravated assault of a third person. His sentences were affirmed on appeal. He now challenges the validity of his death sentence.. Miami-Dade County
Ronnie Johnson v. State of Florida

SC03-382 | SC03-1680

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

Approx. 9:40 Johnson was tried, convicted, and sentenced to death for the March 1989 murder of Tequila Larkins and related crimes. His sentences were affirmed on appeal. He now challenges the validity of his death sentence. Miami-Dade County
Janet Maggio v. Florida Department of Labor & Employment Security

SC04-755

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

Approx. 10:30 Maggio filed a civil suit alleging disability discrimination in violation of the Florida Civil Rights Act of 1992. The Florida Department of Labor filed a motion to dismiss, asserting that Maggio's claim was barred for failure to comply with pre-suit notice requirements for tort claims, which the trial court granted. The Second District affirmed on appeal and certified the question of whether a claimant bringing suit under the Florida Civil Rights Act has to comply with the pre-suit notice requirements for tort claims when the complaint names the State as a defendant. Hillsborough County
Earl Stewart, Jr. V. Raymond G. Ingalsbe

SC04-752

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

Approx. 11:10 The Court accepted jurisdiction over a certified question of great public importance concerning the "litigation privilege." This privilege bars certain lawsuits arising out of a judicial proceeding. The Court will determine whether the litigation privilege applies to a parties-only settlement where the claim alleged direct interference with an attorney fee award by a seller-initiated settlement without counsel where the attorney's fee award was the lowest of three options contained in the plaintiff's contract with their counsel.  Palm Beach County

Florida Supreme Court Oral Arguments
Tuesday, November 2, 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
Advisory Opinion to the Attorney General: Local Government Comprehensive Plans

SC04-1134 | SC04-1479

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

9:00 This case involves a proposal to amend the state Constitution to require local voter approval of changes to local land use plans. The Court must determine whether the proposal contains only a single subject and whether the ballot summary is fair, as required by law before any proposal can be put to the voters.. Statewide impact
Byron Bryant v. State of Florida

SC03-1618 | SC04-83

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

Approx. 9:40 Bryant was tried, convicted, and sentenced to death for the murder of Leonard Andre. His first conviction was reversed and he was given a new trial. After his second trial, Bryant was again convicted and sentenced to death. This conviction was upheld on direct appeal. Bryant now challenges the validity of his sentence. Palm Beach County

Florida Supreme Court Oral Arguments
Wednesday, November 3, 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
Inquiry Concerning a Judge: Robert Lance Andrews

SC03-2108

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

9:00 Judge Andrews has been ordered to appear before the Court to be publicly reprimanded for ethical breaches. Broward County
The Florida Bar v. David A. Barrett

SC03-375

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Approx. 9:10 David Barrett was the senior and managing partner of a Tallahassee law firm. A disciplinary proceeding was brought for alleged solicitation of clients through the use of a runner. This is an appeal of the referee's finding of guilt and disciplinary punishment of a one year suspension based upon Barrett's actions.  Leon County
Howard M. Engle, M.D. v. Liggett Group, Inc.

SC03-1856

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Approx. 9:40 Engle and others filed a class-action lawsuit against several tobacco companies for alleged smoking-related illnesses and deaths. The jury eventually awarded punitive damages of $145 billion. On appeal, the Third District reversed. Miami-Dade County

Florida Supreme Court Oral Arguments
Thursday, November 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
Sun State Ford, Inc. V. Laverica Burch

SC04-157

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9:00 This case involves Sun State Ford's vicarious liability as the owner of a vehicle involved in an incident in which an individual was killed. The Fifth District Court of Appeal ruled that the dangerous instrumentality doctrine is not limited to the negligent operation of a vehicle and that reckless driving or other intentional misconduct by the operator does not terminate the owner's liability under the doctrine. The Fifth District held that the owner's liability will be terminated when the operator uses the vehicle in a weapon-like manner with the intent to cause physical harm. However, if this weapon-like use was reasonably foreseeable to the owner, liability will still be imputed under the doctrine under the Fifth District's ruling. Orange County
Dwaine Woodson v. State of Florida

SC04-56

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Approx. 9:40 Woodson pled no contest to several sexual offenses and was ordered to undergo sexual offender counseling and an HIV test after completing his incarceration. He allegedly failed to receive counseling or the test, and the trial court found him in violation of probation and sentenced him to 11 years. On appeal, the Fifth District affirmed. Orange County
State of Florida v. Jerry D. Anderson

SC04-261

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Approx. 10:30 In this case, the Second District Court of Appeal certified conflict with a decision of the First District Court regarding the harmless error standard to be used in determining whether facial scoresheet errors raised by postconviction motion require resentencing. Pinellas County

Florida Supreme Court Oral Arguments
Friday, November 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
Amendments to the Rules of Judicial Administration

SC04-135

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N/A Removed from the calendar Statewide impact
Shari Daniels v. Florida Department of Health

SC04-230

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9:00 The Department brought an administrative proceeding against Daniels but later dismissed it. Daniels sought attorney's fees under the Florida Equal Access to Justice Act but was denied these fees because both the administrative law judge and the district court of appeal found that she was not a "small business party" within the meaning of the statute. The issue to be decided is whether the owner of a partnership or a corporation who prevails in an administrative proceeding initiated by a state agency is a "prevailing small business party" within the meaning of the FEAJA when the administrative complaint was filed against the Daniels individually, rather than against the corporation or partnership. Miami-Dade County
Darrick T. Adaway v. State of Florida

SC04-239

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

Approx. 9:40 Adaway challenges the constitutionality of a sentence of life imprisonment without possibility of parole for sexual contact with a child under 12 years old. He contends that the sentence constitutes cruel and unusual punishment. Miami-Dade County
Crescent Miami Center, LLC v. Florida Department of Revenue

SC03-2063

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

Approx. 10:30 The documentary stamp tax is assessed on a deed conveying property to a purchaser. Crescent argues that the conveyance of property from another company that wholly owns Crescent should not be subject to the documentary stamp tax because Crescent was not a purchaser and no consideration was exchanged for the property.  Miami-Dade County


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