Florida Supreme Court Oral Argument Press Summaries

Oral Argument Press Summaries
April 1-2, & 9, 2003

The following summaries are drawn from briefs and lower court judgments.They are meant to provide a general idea of facts and issues presentedin cases, and should not be considered official court documents. Factsand issues presented in these summaries should be checked for accuracyagainst records and briefs, available from the Court, which provide morespecific information.

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Names &phone numbers of attorneys in these cases are available in Acrobatformat.

RobertCraig Waters, Director of Public Information
(850) 414-7641

Florida Supreme Court OralArguments
Monday, March 31, 2003
Arrive early. Times &order of appearance are tentative and subject to change with no notice.Cases may be postponed due to exigent circumstances.

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Case

Time

Facts & Issues

Place of Origin

No arguments scheduled

Florida Supreme Court OralArguments
Tuesday, April 1, 2003
Arrive early. Times &order of appearance are tentative and subject to change with no notice.Cases may be postponed due to exigent circumstances.

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Case

Time

Facts & Issues

Place of Origin

Seth Penalver v. Stateof Florida

SC00-1602

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

9:00

Seth Penalver was triedand convicted for the June 1994 murders of Casmir Sucharski, Sharon Anderson,and Marie Rogers. At the penalty phase, a jury recommended death 12-to-0.The trial court imposed the death penalty. This is Penalver's direct appeal.

Broward County

David Boland, Inc. v.Trans Coastal Roofing Co.

SC02-2210

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

Approx. 10:00

The Eleventh Circuit Courtof Appeals certified the following question to this Court: Does FloridaStatute section 627.428 authorize recovery of attorneys' fees in excessof a performance bond's face amount from a subcontractor's surety, whenthe fees claimant has not shown independent misconduct on the part of thesurety?

Monroe County

Evelyn Barlow v. NorthOkaloosa Medical Center, Inc.

SC02-796

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

Approx. 10:40

Mrs. Barlow brought a wrongfuldeath action against North Okaloosa Medical Center, as the result of thedeath of her husband. North Okaloosa Medical Center admitted liabilityfor Mr. Barlow's death and the parties agreed to submit to binding arbitrationon the issue of damages as provided for by the Medical Malpractice Act.Mrs. Barlow appealed the arbitration award and the First District Courtof Appeal affirmed, relying in part on the definition of the term "netaccumulations" found in the Wrongful Death Act. Mrs. Barlow now seeks reviewof the First District's decision, claiming that it is in conflict witha prior decision of this Court. 

Okaloosa County

F.W. Cummings-El v. Stateof Florida

SC01-1501|SC02-1784

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

Approx. 11:20

Cummings-El was tried, convicted,and sentenced to death for the September 1991 murder of Kathy William Good.His conviction and sentence was affirmed on appeal. He now challenges itsvalidity.

Dade County

Florida Supreme Court OralArguments
Wednesday, April 2, 2003
Arrive early. Times &order of appearance are tentative and subject to change with no notice.Cases may be postponed due to exigent circumstances.

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Case

Time

Facts & Issues

Place of Origin

David Bautista v. Stateof Florida

SC02-2121

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

9:00

Bautista was charged withtwo counts of DUI manslaughter in the January 2000 deaths of David andEvelyn Shapiro. He was convicted and sentenced to 283.5 months in prison.His sentence was upheld on appeal, but the District Court certified a questionwhether someone can be convicted for two separate crimes of DUI manslaughterboth arising from a single accident.

Palm Beach County

Michael T. Rivera v.State of Florida 

SC01-2523|SC02-1788

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

Approx. 9:40

Rivera was tried, convicted,and sentenced to death for the January 1986 murder of Staci Lynn Jazvac.His sentence was affirmed on appeal. He now challenges its validity.

Broward County

Kenneth Allen Stewartv. State of Florida

SC01-1998

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

Approx. 10:30

Stewart was tried, convicted,and sentenced to death for the December 1984 murder of Ruben Dario Diaz.Due to errors in the original proceedings, new hearings had to be heldand in March 2001 a jury recommended the death penalty 7-to-5, which thetrial judge imposed. This is Stewart's direct appeal.

Hillsborough County

Florida Supreme Court OralArguments
Thursday, April 3, 2003
Arrive early. Times &order of appearance are tentative and subject to change with no notice.Cases may be postponed due to exigent circumstances.

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Case

Time

Facts & Issues

Place of Origin

No arguments scheduled

Florida Supreme Court OralArguments
Friday, April 4, 2003
Arrive early. Times &order of appearance are tentative and subject to change with no notice.Cases may be postponed due to exigent circumstances.

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Case

Time

Facts & Issues

Place of Origin

No arguments scheduled

Florida Supreme Court OralArguments
Wednesday, April 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.

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Case

Time

Facts & Issues

Place of Origin

State of Florida v. J.P.& State of Florida v. T.M.

SC02-2288|SC02-2452

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

9:30

The City of Pinellas Parkand the City of Tampa passed juvenile curfew ordinances. Several juvenileswho were charged with violations of the ordinances challenged their constitutionality.The Second District Court of Appeal found that the ordinances failed thestrict scrutiny test and are unconstitutional. The district court certifieda question of great public importance asking this Court to determine ifthe ordinances are constitutional.

Hillsborough County

Pinellas County

Statewide impact

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