Florida Supreme Court Oral Argument Press Summaries

Oral Argument Press Summaries
December 5-7 & 10, 2001

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.

Via Satellite: Telstar 4, KU Band, 89degrees west, transponder 13 lower, virtual channel 804,
downlink frequency 12081.750 MHz, L-band frequency 1331.750 MHz

Check with Trish Moynihan
at FSU for last minute changes (800)322-WFSU Ext. 353.

Some local cable systems in Floridausually carry our broadcasts live or tape-delayed.
See the partiallist of these systems.

Watch us on the Web in RealVideo at http://wfsu.org/gavel2gavel/If you miss a live case, view it from our archive at http://www.wfsu.org/gavel2gavel/archives.html

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
Wednesday, December 5,2001
Arrive early. Times &order of appearance are tentative and subject to change with no notice.Cases may be postponed due to exigent circumstances.table border width="100%">

Case

Time

Facts & Issues

Place of Origin

John Calvin Taylor IIv. State of Florida

SC96,959

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

9:00

Taylor was charged withthe December 1997 murder of Shannon Holzer. At trial he was convicted andthe jury later recommended the death penalty 10-to-2. The trial judge sentencedhim to die. This is his direct appeal.

Clay County

State of Florida v. KellenLee Betz

SC01-319

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

Approx. 10:00

A law enforcement officerstopped Betz for a traffic violation. After the stop, he noticed that theodor of marijuana was coming from Betz' vehicle. Later the officer, despiteBetz' objection, searched the trunk of the vehicle and found more contraband.The trial court overruled Betz' motion to suppress evidence seized fromthe vehicle, but the Second District Court of Appeal later ruled that theevidence from the trunk was unlawfully seized. The State appeals.

Pinellas County

State of Florida v. LawrenceFrancis Lewis

SC96,890

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

Approx. 10:40

Lewis was tried, convicted,and sentenced to death for the May 1987 murder of a man named Gordon. Hisconviction and sentence were affirmed on appeal. Later Lewis challengedthe validity of his sentence, and the trial court agreed with his arguments.The State appeals.

Broward County

Gary Lawrence v. Stateof Florida

SC00-2290and SC01-674

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

Approx. 11:20

Lawrence was tried, convicted,and sentenced to death for the July 1994 murder of Michael Dean Finkin.His sentence was affirmed on appeal. He now challenges its validity.

Santa Rosa County

Florida Supreme Court OralArguments
Thursday, December 6,2001
Arrive early. Times &order of appearance are tentative and subject to change with no notice.Cases may be postponed due to exigent circumstances.

table border width="100%">

Case

Time

Facts & Issues

Place of Origin

Panda Energy International,Inc. v. E. Leon Jacobs, Jr.

SC01-284

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

9:00

This case involves a challengeto a certification of need for a power generating facility.

Leon County

Thomas Anthony Wyattv. State of Florida

SC00-1828

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

Approx. 9:40

Wyatt was tried, convicted,and sentenced to death for the murders of Frances and William Edwards,Michael Bornoosh, and Cathy Nydegger during a May 1988 spree that includedseveral robberies and car thefts. His convictions and sentences were affirmedon appeal. This case involves whether his counsel in postconviction proceedingsmust disclose the basis of a claimed conflict of interest where doing soallegedly would violate the attorney client privilege.

Indian River County

Lee County Electric Cooperative,Inc. v. E. Leon Jacobs, Jr.

SC01-373

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

Approx. 10:30

The Cooperative appealsthe decision of the PSC dismissing, on jurisdictional grounds its complaintabout the wholesale rate structure imposed by Seminole Electric Cooperative,from whom the Cooperative purchases power.

Leon County

Kelly Tormey v. MichaelMoore

SC97,143

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

Approx. 11:10

Tormey was sentenced to20 years imprisonment for second-degree murder, armed robbery, and possessionof contraband. This case involves her challenge to the way the Departmentof Correction has calculated her gain time.

Dade County

Florida Supreme Court OralArguments
Friday, December 7, 2001
Arrive early. Times &order of appearance are tentative and subject to change with no notice.Cases may be postponed due to exigent circumstances.

table border width="100%">

Case

Time

Facts & Issues

Place of Origin

Inquiry Concerning aJudge: Joseph P. Baker

SC00-2510

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

8:30

Judge Baker is charged withviolations of judicial ethics, for which the state's Judicial QualificationsCommission has recommended a written admonishment.

Orange County

Peter Johnson v. NationwideMutual Ins. Co.

SC01-91andSC01-321

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

Approx. 9:10

These cases involve disputesunder homeowner's insurance policies. In both, the home owners contendedthat damage to their homes' structures were caused by events covered bythe policy, whereas the insurers said they were not. The issue in thesecases is whether appraisers brought in to determine the amount of losscan consider whether the loss is covered by the policy, or whether causationmust be determined later by a court.

Pasco County

Dade County

Sears Authorized Termite& Pest Control, Inc. v. Shelley J. Sullivan

SC01-960

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

Approx. 9:50

Sullivan and Sears signeda pest control agreement in 1995 that included coverage for spiders. LaterSullivan was bitten by brown recluse spiders on her property and sued Searsas a result. The trial court ordered the parties into arbitration undera clause in the agreement, but the Fourth District Court reversed.

Palm Beach County

Alterra Health Care Corp.v. Estate of Frances Shelley

SC01-709

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

Approx. 10:30

Before her death, Shelleylived in a Tallahassee assisted-living facility operated by Alterra. InAugust 1999 she allegedly caught her leg in the footboard of her bed butwas not found for another eight hours. Shelley's estate later sued fornegligence, wrongful death, and other claims. Her estate asked the judgeto compel disclosure of information in personnel files of Alterra employees,but Alterra argued that these files contained information that in partwere private under the Florida Constitution. The trial court ordered thedocuments disclosed, and on appeal the First District Court affirmed.

Leon County

Florida Supreme Court OralArguments
Monday, December 10,2001
Arrive early. Times &order of appearance are tentative and subject to change with no notice.Cases may be postponed due to exigent circumstances.

table border width="100%">

Case

Time

Facts & Issues

Place of Origin

Advisory Opinion to theAttorney General: Right to Treatment & Rehabilitation for NonviolentDrug Offenses

SC01-1950

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

9:00

A citizen's initiative toamend the state Constitution is being circulated that would give personscharged with certain drug-related offenses the right to treatment ratherthan prosecution. The case is before the Court to determine whether itcontains only a single subject and has a fair ballot summary, as requiredby law.

Statewide impact

Charles B. Higgins v.State Farm Fire & Casualty

SC01-291andSC01-292

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

Approx. 9:40

Higgins was sued by CherylIngalls as a result of injuries she allegedly sustained during an argumentbetween Higgins and his wife Maureen. In the subsequent lawsuit Higgins'insurer, State Farm, filed for a declaratory judgment on grounds that itwas not obligated to cover his intentional wrongful acts. The trial courtordered a separate trial on State Farm's obligations before thetrial on Ingall's lawsuit. Higgins and Ingalls contended this was improper,but on appeal the Fourth District agreed with the trial judge.

Palm Beach County

Charles W. Finney v.State of Florida

SC00-1351andSC01-356

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

Approx. 10:30

Finney was tried, convicted,and sentenced to death for the January 1991 murder of Sandra Sutherland.His sentence was affirmed on appeal. He now challenges its validity.

Hillsborough County

Ana Maria Cardona v.State of Florida

SC00-1366andSC01-1056

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

Approx. 11:10

Cardona was tried, convicted,and sentenced to death for the October 1990 murder of her 3-year-old sonLazaro Figueroa. Her sentence was affirmed on appeal. She now challengesits validity.

Dade County

Check the Florida Supreme CourtHome Pages on the Internet for Latest Information &LiveAudio/Video of Arguments and Satellite Transmission Information