[SUPREME COURT OF FLORIDA]
Oral Argument Press Summaries
December 9-13, 2002

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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Florida Supreme Court Oral Arguments
Monday, December 9, 2002
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, December 10, 2002
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
Caroline Weiss v. Liberty Mutual Insurance Co.

SC01-2000

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

9:00 Weiss obtained insurance from Liberty for her and her husband Jack's business, including uninsured motorist coverage for both of them when driving company cars. However, when Jack was killed in an accident with an uninsured motorist, Liberty denied coverage. Weiss sued, and the trial court ruled that Jack in fact had uninsured motorist coverage. On appeal, the Third District reversed. Dade County
Jeno F. Paulucci v. General Dynamics Corp.

SC01-2346

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

Approx. 9:40 The Pauluccis sued General Dynamics and others for allegedly polluting property they owned. The parties entered into a settlement agreement, which was incorporated into the final judgment. A dispute later arose about whether General Dynamics was complying with the settlement, and the Pauluccis filed a motion to enforce in the trial court. The trial court ruled that it had jurisdiction to enforce the terms of the agreement and ordered General Dynamics to pay rent as specified in the agreement. The Fifth District held that the trial court was without jurisdiction to entertain a motion to enforce and that the Pauluccis were required to bring a separate action by filing a complaint.  Seminole County
Rory Enrique Conde v. State of Florida

SC00-789

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

Approx. 10:30 Conde was arrested for the murder of Rhonda Dunn, whose body was found in January 1995 near the Tamiami Trail. The jury convicted him and recommended the death penalty 9-to-3, which the trial judge imposed. This is his direct appeal. Dade County
Bruce Douglas Pace v. State of Florida

SC01-1831| SC02-519

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

Approx. 11:30 Pace was tried, convicted, and sentenced to death on a 7-to-5 vote of the jury in the murder of Floyd Covington. His sentence was affirmed on appeal. He now challenges its validity.  Santa Rosa County

Florida Supreme Court Oral Arguments
Wednesday, December 11, 2002
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
Pepper's Steel & Alloys, Inc. v. United States of America

SC02-971

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

9:00 The United States sued Pepper's Steel and others for allegedly polluting a scrap metal recovery site. Pepper's sought coverage from its insurer, and ultimately succeeded when it sued to enforce a $2 million settlement offer made by that insurer. Pepper's also sought attorneys fees from the insurer, which the trial court declined to award. The case was appealed to the U.S. Eleventh Circuit Court of Appeals, which certified the question to this Court. Dade County
Victor Tony Jones v. Michael W. Moore

SC01-734| SC02-605

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

Approx. 9:40 Jones was tried, convicted, and sentenced to death for the December 1990 murders of Jacob and Matilda Nestor. The jury had recommended the death penalty on a vote of 10-to-2 for Matilda and 12-to-0 for Jacob. Jones' sentences were affirmed on appeal. He now challenges their validity. Dade County
Travis Welsh v. State of Florida

SC02-1092

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

Approx. 10:30 Travis was convicted of capital sexual battery on a person under the age of 12 and was sentenced to life imprisonment without possibility of parole. His sentence was affirmed by the First District Court. He appeals primarily on grounds that the jury was incorrectly instructed on permissive lesser included offenses.. Duval County
James Belcher v. State of Florida

SC01-1414

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Approx. 11:10 Belcher was arrested and charged with the January 1996 murder of Jennifer Embry. At trial, the jury found him guilty and recommended the death penalty 9-to-3, which the trial judge imposed. This is Belcher's direct appeal. Duval County

Florida Supreme Court Oral Arguments
Thursday, December 12, 2002
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
Dept. of Highway Safety & Motor Vehicles v. Robert Critchfield

SC02-386

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

9:00 Critchfield received his fourth DUI conviction in 1987, resulting in permanent revocation of his driver's license. In 1999 he applied for a hardship license, but was denied on the ground that a 1998 statute barred his eligibility. He sued and contended in part that the 1998 statute violated the single-subject requirement imposed by the Florida Constitution. The trial court agreed, and declared the law unconstitutional. The Fifth District Court affirmed.  Orange County
Lloyd Duest v. State of Florida

SC00-2366

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

Approx. 9:40 Duest was tried, convicted, and sentenced to death in the murder of John Pope, whose body was discovered in his home in February 1982. The Eleventh Circuit overturned Duest's death sentence because it was based in part on a prior conviction later reversed. On resentencing, the trial court again imposed death, in accord with a jury recommendation of 10-to-2. Duest now challenges the validity of that sentence. Broward County
Joe Elton Nixon v. State of Florida

SC01-2486| SC92,006 | SC93,192

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Approx. 10:30 Nixon was tried, convicted, and sentenced to death on a 10-to-2 jury recommendation in the August 1984 murder of Jeanne Bickner. His sentence was affirmed on appeal. He now challenges its validity.  Leon County
George Michael Hodges v. State of Florida

SC01-1718 | SC02-949

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Approx. 11:10 Hodges was tried, convicted, and sentenced to death on a jury recommendation of 10-to-2 in the January 1987 murder of Betty Ricks. His sentence was affirmed on appeal. He now challenges its validity. Hillsborough County
State of Florida v. Rudolph Holton

SC01-2671

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Approx. 11:50 Holton was tried, convicted, and sentenced to death on a 7-to-5 jury recommendation in the June 1986 murder of Katrina Graddy. His sentence was affirmed on appeal. He now challenges its validity. Hillsborough County

Florida Supreme Court Oral Arguments
Friday, December 13, 2002
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: Cynthia A. Holloway

SC00-2226

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8:30 The Court has ordered Judge Holloway to appear before it to be publicly reprimanded for ethical breaches. Hillsborough County
Swire Pacific Holdings, Inc. v. Zurich Insurance Co.

SC02-613

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Approx. 8:40 Swire was developing the Two Tequesta Point Condominium project on Brickell Key and purchased a builder's risk policy from Zurich. A city inspector found design defects in the project that cost Swire $4.5 million to correct, and it filed a claim with Zurich for reimbursement. Zurich declined to pay. Swire sued in federal court, where the judge ruled in favor of Zurich. On appeal, the U.S. Eleventh Circuit Court of Appeals certified questions to this Court.  Dade County
State of Florida v. Jimmie Lee Coney

SC01-1185| SC02-900

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

Approx. 9:20 Coney was tried, convicted, and sentenced to death on a jury recommendation of 7-to-5 in the April 1990 murder of Patrick Southworth. His sentence was affirmed on appeal. He now challenges its validity. Dade County
David Famiglietti v. State of Florida

SC02-1305

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Approx. 10:30 Famiglietti was charged with attempted first degree murder, armed kidnaping, and other offenses associated with the abduction of Mary Scott. His attorney sought production of records from Ms. Scott's psychiatrist on grounds they allegedly showed she had made inconsistent statements about who had victimized her. The trial court granted the request, but the Third District reversed. Dade County
John D. Freeman v. State of Florida

SC01-2007

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Approx. 11:10 Freeman was tried, convicted, and sentenced to death on a jury recommendation of 9-to-3 in the November 1986 murder of Leonard Collier. His sentence was affirmed on appeal. He now challenges its validity. Duval County



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