Florida Supreme Court Oral Argument Press Summaries

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 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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Florida Supreme Court OralArguments
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.table border width="100%">

Case

Time

Facts & Issues

Place of Origin

No arguments scheduled

Florida Supreme Court OralArguments
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.

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Case

Time

Facts & Issues

Place of Origin

Caroline Weiss v. LibertyMutual Insurance Co.

SC01-2000

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

9:00

Weiss obtained insurancefrom Liberty for her and her husband Jack's business, including uninsuredmotorist coverage for both of them when driving company cars. However,when Jack was killed in an accident with an uninsured motorist, Libertydenied coverage. Weiss sued, and the trial court ruled that Jack in facthad uninsured motorist coverage. On appeal, the Third District reversed.

Dade County

Jeno F. Paulucci v. GeneralDynamics Corp.

SC01-2346

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

Approx. 9:40

The Pauluccis sued GeneralDynamics and others for allegedly polluting property they owned. The partiesentered into a settlement agreement, which was incorporated into the finaljudgment. A dispute later arose about whether General Dynamics was complyingwith the settlement, and the Pauluccis filed a motion to enforce in thetrial court. The trial court ruled that it had jurisdiction to enforcethe terms of the agreement and ordered General Dynamics to pay rent asspecified in the agreement. The Fifth District held that the trial courtwas without jurisdiction to entertain a motion to enforce and that thePauluccis 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 Acrobatformat by clicking the case number(s) here 

Approx. 10:30

Conde was arrested for themurder of Rhonda Dunn, whose body was found in January 1995 near the TamiamiTrail. 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 Acrobatformat 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 FloydCovington. His sentence was affirmed on appeal. He now challenges its validity. 

Santa Rosa County

Florida Supreme Court OralArguments
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.

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Case

Time

Facts & Issues

Place of Origin

Pepper's Steel &Alloys, Inc. v. United States of America

SC02-971

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

9:00

The United States sued Pepper'sSteel and others for allegedly polluting a scrap metal recovery site. Pepper'ssought coverage from its insurer, and ultimately succeeded when it suedto enforce a $2 million settlement offer made by that insurer. Pepper'salso sought attorneys fees from the insurer, which the trial court declinedto 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 Acrobatformat 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 MatildaNestor. The jury had recommended the death penalty on a vote of 10-to-2for Matilda and 12-to-0 for Jacob. Jones' sentences were affirmed on appeal.He now challenges their validity.

Dade County

Travis Welsh v. Stateof Florida

SC02-1092

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

Approx. 10:30

Travis was convicted ofcapital sexual battery on a person under the age of 12 and was sentencedto life imprisonment without possibility of parole. His sentence was affirmedby the First District Court. He appeals primarily on grounds that the jurywas incorrectly instructed on permissive lesser included offenses..

Duval County

James Belcher v. Stateof Florida

SC01-1414

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

Approx. 11:10

Belcher was arrested andcharged with the January 1996 murder of Jennifer Embry. At trial, the juryfound him guilty and recommended the death penalty 9-to-3, which the trialjudge imposed. This is Belcher's direct appeal.

Duval County

Florida Supreme Court OralArguments
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.

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Case

Time

Facts & Issues

Place of Origin

Dept. of Highway Safety& Motor Vehicles v. Robert Critchfield

SC02-386

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

9:00

Critchfield received hisfourth DUI conviction in 1987, resulting in permanent revocation of hisdriver's license. In 1999 he applied for a hardship license, but was deniedon the ground that a 1998 statute barred his eligibility. He sued and contendedin part that the 1998 statute violated the single-subject requirement imposedby the Florida Constitution. The trial court agreed, and declared the lawunconstitutional. The Fifth District Court affirmed. 

Orange County

Lloyd Duest v. Stateof Florida

SC00-2366

View briefs in Acrobatformat 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 discoveredin his home in February 1982. The Eleventh Circuit overturned Duest's deathsentence because it was based in part on a prior conviction later reversed.On resentencing, the trial court again imposed death, in accord with ajury recommendation of 10-to-2. Duest now challenges the validity of thatsentence.

Broward County

Joe Elton Nixon v. Stateof Florida

SC01-2486|SC92,006 | SC93,192

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

Approx. 10:30

Nixon was tried, convicted,and sentenced to death on a 10-to-2 jury recommendation in the August 1984murder of Jeanne Bickner. His sentence was affirmed on appeal. He now challengesits validity. 

Leon County

George Michael Hodgesv. State of Florida

SC01-1718| SC02-949

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

Approx. 11:10

Hodges was tried, convicted,and sentenced to death on a jury recommendation of 10-to-2 in the January1987 murder of Betty Ricks. His sentence was affirmed on appeal. He nowchallenges its validity.

Hillsborough County

State of Florida v. RudolphHolton

SC01-2671

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

Approx. 11:50

Holton was tried, convicted,and sentenced to death on a 7-to-5 jury recommendation in the June 1986murder of Katrina Graddy. His sentence was affirmed on appeal. He now challengesits validity.

Hillsborough County

Florida Supreme Court OralArguments
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.

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Case

Time

Facts & Issues

Place of Origin

Inquiry Concerning aJudge: Cynthia A. Holloway

SC00-2226

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

8:30

The Court has ordered JudgeHolloway to appear before it to be publicly reprimanded for ethical breaches.

Hillsborough County

Swire Pacific Holdings,Inc. v. Zurich Insurance Co.

SC02-613

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

Approx. 8:40

Swire was developing theTwo Tequesta Point Condominium project on Brickell Key and purchased abuilder's risk policy from Zurich. A city inspector found design defectsin the project that cost Swire $4.5 million to correct, and it filed aclaim with Zurich for reimbursement. Zurich declined to pay. Swire suedin federal court, where the judge ruled in favor of Zurich. On appeal,the U.S. Eleventh Circuit Court of Appeals certified questions to thisCourt. 

Dade County

State of Florida v. JimmieLee Coney

SC01-1185|SC02-900

View briefs in Acrobatformat 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 April1990 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

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

Approx. 10:30

Famiglietti was chargedwith attempted first degree murder, armed kidnaping, and other offensesassociated with the abduction of Mary Scott. His attorney sought productionof records from Ms. Scott's psychiatrist on grounds they allegedly showedshe had made inconsistent statements about who had victimized her. Thetrial court granted the request, but the Third District reversed.

Dade County

John D. Freeman v. Stateof Florida

SC01-2007

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

Approx. 11:10

Freeman was tried, convicted,and sentenced to death on a jury recommendation of 9-to-3 in the November1986 murder of Leonard Collier. His sentence was affirmed on appeal. Henow challenges its validity.

Duval County

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