Florida Supreme Court Oral Argument Press Summaries

Oral Argument Press Summaries
June 2-6, 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, June 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

Naji Nehme v. SmithKlineBeecham Clinical Laboratories, Inc.

SC02-1680

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

9:00

Nehme died in 1997 of cervicalcancer that allegedly could have been prevented if SmithKline's staff hadcorrectly read a pap smear performed some years earlier. Her estate sued.The trial court dismissed the lawsuit, and the Fifth District affirmed.

Orange County

Amendment to Rules RegulatingThe Florida Bar: Unbundled Legal Services

SC02-2035

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

Approx. 9:40

This cases involves thequestion whether Florida lawyers should be permitted to provided limitedlegal services to clients in certain circumstances, such as where a clientwishes to pay for only a part of what would constitute full legal representation.This is called unbundled legal services.

Statewide impact

Miami-Dade County v.Omnipoint Holdings, Inc.

SC02-815

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

Approx. 10:30

Omnipoint applied for avariance of County zoning regulations in order to erect a telecommunicationstower in Miami-Dade County. The zoning board denied the variance. On certiorarireview, the circuit court reversed the board's ruling and the County appealedto the Third District Court, which held that portions of the Miami-DadeCounty zoning ordinances are facially unconstitutional. 

Dade County

Robert Patton v. Stateof Florida

SC02-423| SC02-2158

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

Approx. 11:10

Patton was tried, convicted,and sentenced to death for the 1981 murder of a police officer. He nowchallenges the validity of his sentence.

Dade County

Florida Supreme Court OralArguments
Tuesday, June 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

John Ruthell Henry v.State of Florida

SC02-804

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

9:00

Henry, a death-sentenceddefendant, appeals from the lower court's denial of his motion for postconvictionrelief alleging ineffective assistance of counsel and resulting prejudicein both the guilt and penalty phases of his retrial for the murder of hisestranged wife.

Pasco County

Gary Kent Kirby v. Stateof Florida

SC02-1511

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

Approx. 9:40

Kirby was found guilty ofdriving under the influence and causing serious bodily harm to another.The victim received payment for losses and signed a release of liability.Based on this, the trial court declined to order restitution. The FifthDistrict reversed.

Putnam County

James Guzman v. Stateof Florida

SC02-860|SC02-2131

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

Approx. 10:30

Guzman was tried, convicted,and sentenced to death for the 1991 murder of David Colvin. A new trialwas ordered because of errors, and he again was convicted and sentenceto death. This sentence was affirmed on appeal. He now challenges the validityof his sentence.

Volusia County

Lamar Z. Brooks v. Stateof Florida

SC02-538

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

Approx. 11:10

Brooks was charged in the1996 murder of Rachel Carlson and her infant daughter, Alexis Stuart. Hewas tried, convicted of both murders, and sentenced to death for each.This is Brooks's direct appeal.

Okaloosa County

Florida Supreme Court OralArguments
Wednesday, June 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

Inquiry Concerning aJudge: Sheldon Schapiro

SC01-2419

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9:00

Judge Schapiro has beensummoned to appear before the Court to be publicly reprimanded for ethicalbreaches.

Broward County

State of Florida v. Cityof Clearwater; Times Publishing Co. v. State of Florida

SC02-1694|SC02-1753

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

Approx. 9:10

Times Publishing made apublic records request to the City of Clearwater asking for copies alle-mail either sent from or received by the government computers used bytwo employees. The employees reviewed their respective e-mails and sortedthem into two categories, personal and public, and the City provided copiesof the e-mails determined to be public. The Times filed an action in thecircuit court, arguing that it was entitled to all of the e-mail generatedby and stored on the City's computers. The circuit court and district courtdisagreed. The Second District held that "personal" e-mail falls outsidethe current definition of "public records" and certified a question ofgreat public importance. 

Pinellas County

Lancelot Uriley Armstrongv. State of Florida

SC01-1874| SC02-1122

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

Approx. 9:50

Armstrong was convictedof the February 17, 1990, murder of Deputy Sheriff John Greeney and attemptedmurder of Deputy Sheriff Robert Sallustio in Broward County. He was sentencedto death, and his conviction and sentence were affirmed on direct appeal.He now appeals the denial of his motion for postconviction relief and petitionsthis Court for writ of habeas corpus.

Broward County

Curtis Windom v. Stateof Florida

SC01-2706|SC02-2142

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

Approx. 10:30

Windom was tried, convicted,and sentenced to death for the February 1992 murders of three people inWinter Garden. His sentences were affirmed on appeal. He now challengestheir validity.

Orange County

Robert R. Gordon v. Stateof Florida

SC02-1212

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Approx. 11:10

Gordon was tried, convicted,and sentenced to death for the January 1994 murder of Dr. Louis A. Davidson.His sentence was affirmed on appeal. He now challenges its validity.

Pinellas County

Florida Supreme Court OralArguments
Thursday, June 5, 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

Jack Kephart v. JerryRegier

SC02-936|SC02-2280

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

9:00

Petitioners, similarly situatedoffenders who were in pretrial detention in proceedings to commit themas sexually violent predators, filed petitions for writ of habeas corpusin their respective counties. The trial court denied the petitions, andpetitioners appealed. On appeal, the Fourth District Court of Appeal reversed,holding that probable cause petitions verified by assistant state attorneywas insufficient to support pretrial detention, but the State should begiven time to cure the defects in the petitions.

Indian River, Martin, Okeechobee,& St. Lucie Counties

Kenneth Friedman, M.D.v. Heart Institute of Port St. Lucie, Inc.

SC02-502

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

Approx. 9:40

After filing a civil actionagainst Dr. Friedman alleging breach of his employment contract and seekingan injunction or $300,000 in liquidated damages, the Heart Institute amendedits complaint to include a claim that Dr. Friedman was fraudulently divestinghimself of assets in an effort to frustrate any judgments obtained againsthim in the underlying contract action. Dr. Friedman sought to have theprogression of the fraudulent transfer portion of the action stayed pendingresolution of the underlying contract action, but his motion was deniedby the trial court. The Fourth District Court of Appeal agreed, and Dr.Friedman is now before this Court seeking review of the district court'sdecision.

St. Lucie County

Leonard Northup v. HerbertW. Acken, M.D., P.A.

SC02-2435

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

Approx. 10:30

In the context of a medicalmalpractice action, Northup sought to obtain through civil discovery allprior deposition testimony of one of his medical experts possessed by Dr.Acken. The trial court ordered Dr. Acken to turn over the documents toNorthup. The Second District Court of Appeal reversed, concluding thatthe selection and gathering of the documents by Dr. Acken's attorneys protectedthem from pretrial discovery. Northup seeks review based upon conflictbetween the decision of the Second District and a previous decision ofthe Fourth District Court of Appeal.

Polk County

Elizabeth Sullivan v.Landon Cole Sapp

SC02-2490

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

Approx. 11:10

Sullivan's daughter, Adrienne,and Sapp had a child together out-of-wedlock. Adrienne filed a paternityaction against Sapp. After the trial court had issued a judgment in thepaternity action, but during the pendency of a motion for rehearing filedby Adrienne, Adrienne died in an automobile accident. Sapp took custodyof the child and Sullivan filed a motion to intervene in the paternityaction, seeking grandparent visitation pursuant to a Florida statute. Thetrial court denied the motion to intervene. The First District affirmed,and expressly declared the statute unconstitutional as violative of thefather's right of privacy.

Madison County

Florida Supreme Court OralArguments
Friday, June 6, 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

NAACP, Inc. v. FloridaBoard of Regents

SC02-1878

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

8:30

The NAACP challenged administrativerules that eliminated affirmative action in Florida's state universitysystem. An administrative law judge affirmed the rules change, but on appealthe First District determined that the NAACP lacked standing to challengethe rules and ordered that the action be dismissed on that basis.

Leon County

Statewide Impact

American Home AssuranceCo. v. National Railroad Passenger Corp.

SC02-709

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

Approx. 9:10

In November 1993 a tractortrailer carrying a $12 million, 82-ton generator became immobilized onCSX train tracks near the Kissimmee Utility Authority plant, which hadpurchased the generator. An Amtrack train hit the trailer, destroying thegenerator. KUA had entered into an agreement with CSX to build a road overthe track for delivery of the generator, and it included an agreement toindemnity CSX for any damages associated with use of the road. A complexlawsuit arose in federal court over who should pay for the resulting damages.An issue arose whether KUA as a municipal agency had any authority to waivesovereign immunity by agreeing to indemnify CSX, which is the subject ofthis appeal. 

Kissimmee

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