Florida Supreme Court Oral Argument Press Summaries

Oral Argument Press Summaries
February 4-8, 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.

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

Florida Supreme Court OralArguments
Monday, February 4, 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

In Re: Final Report ofJury Innovations Committee

SC01-1226

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9:00

The Jury Innovations Committeehas proposed several changes in the way jury trials would operate. TheCommittee has submitted 48 recommendations to improve Florida's jury systemfor the Court's consideration, including a jurors' bill of rights.

Statewide impact

Anthony Neal Washingtonv. State of Florida

SC00-1435SC01-872

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Approx. 9:40

Washington was tried, convicted,and sentenced to death for the August 1989 murder of Alice Berdat and burglaryof her home. His sentence was affirmed on appeal. He now challenges itsvalidity.

Pinellas County

Florida Department ofTransportation v. Armadillo Partners, Inc.

SC01-1014

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Approx. 10:30

DOT filed an eminent domainproceeding to take land owned by Armadillo for widening of Griffin Roadand improvements to the Davie Road intersection. The taking eliminateda large number of parking spaces on the property, on which the ArmadilloSquare shopping center stood. Appraisers agreed that the elimination ofthese spaces and other effects would render the shopping center valueless.This would reduce its value to the purchase price of the raw land minuscosts to demolish the center, unless changes were made to "cure" the impact.Different "cure plans" and their costs were presented to the jury, whichultimately awarded Armadillo more than $800,000. The Fourth District reversed.

Broward County

Fritz Major v. Stateof Florida

SC01-1811

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Approx. 11:10

At age 16 in 1993, Majorpled no contest when charged with aggravated assault and was sentencedto 18 months in a juvenile facility. In 2000, Major petitioned the Courtto review his case after his sentence in an unrelated federal criminalcase was increased by more than 12 years based on his prior no-contestplea. He contended he should have been told at the time of his plea thatthe subsequent conviction could be used to enhance later criminal sentencesThe Court sent the case back to the Miami trial court, which denied relief.The Third District Court of Appeal affirmed.

Dade County

Florida Supreme Court OralArguments
Tuesday, February 5,2002
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

Physicians HealthcarePlans, Inc. v. Raymond Pfeifler

SC01-2062SC01-2079

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9:00

In a medical malpracticelawsuit, Physicians Healthcare filed a petition in this Court to prohibitthe use of retired or "senior" judges in presiding over certain types oftrials in Broward County. The Broward courts argue that the practice isboth necessary and legal.

Broward County

Joel Dale Wright v. Stateof Florida

SC00-1389

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Approx. 9:40

Wright was tried, convicted,and sentenced to death for the February 1983 murder of Lima Page Smith.His sentence was affirmed on appeal. He now challenges its validity.

Putnam County

Daniel Burns v. Stateof Florida

SC01-166

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Approx. 10:30

Burns was tried, convicted,and sentenced to death for the August 1987 murder of Jeffrey Young. Hissentence was affirmed on appeal. He now challenges its validity.

Manatee County

State of Florida v. J.M.

SC01-1215

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Approx. 11:10

This case involves the issueof whether a 14-year-old minor sentenced as a juvenile for sexual batteryon a 6-year-old can be declared a sexual predator under Florida law.

Leon County

Florida Supreme Court OralArguments
Wednesday, February 6,2002
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

Steven Pollock v. FloridaDep't of Highway Patrol

SC99-8SC99-41

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9:00

A motorist reported to FHPa flatbed truck that was stalled at night in a lane of the Palmetto Expressway.FHP allegedly failed to respond to this report. Suzanne Leeds was drivinga car that struck the flatbed, killing her and her passenger Elissa Pollack.Their estates sued and won judgments of more than $8.9 million each, withFHP 50 percent liable for the total amount. The Third District Court reversed.

Dade County

Carole M. Siegle v. ProgressiveConsumers Insurance Co.

SC01-1219

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Approx. 9:40

Siegle was in an automobileaccident and made a claim under her insurance policy with Progressive. As was its option under the policy, Progressive repaired the vehicle andreturned it to her.  She sued the insurer, alleging that the policyrequires Progressive to both repair her vehicle and pay her for the diminishmentin the car's value due to the accident.  The trial court dismissedher claim, and on appeal the Fourth District Court affirmed.

Broward County

United Contractors Corp.v. Maria Minerva Hernandez

SC00-2176

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Approx. 10:30

Hernandez' husband was killedat a jobsite under the control of United. She and her children filed awrongful death suit against United and others. Later, Hernandez filed forworkers compensation benefits, but settled the claim for $10,000 when herhusband's employer contested it. United then moved to dismiss the tortsuit on grounds Hernandez had elected to take workers compensation andtherefore United was immune from tort liability for wrongful death. Thetrial court agreed, but the Third District Court of Appeal reversed.

Dade County

Media General Convergence,Inc. v. Chief Judge of the Thirteeth Judicial Circuit

SC01-1396SC01-1398

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Approx. 11:10

Media organizations filedpublic records requests for certain documents allegedly created or receivedby then-Chief Judge Dennis Alvarez of the Thirteenth Judicial Circuit.The records they sought dealt with allegations of sexual misconduct orfraternization with staff by one or more judges of the circuit. Judge Alvarezdid not release any documents. The media organizations filed a petitionwith the Second District Court asking it to order Judge Alvarez to releasethe documents. The District Court declined to do so.

Hillsborough County

Florida Supreme Court OralArguments
Thursday, February 7,2002
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

Advisory Opinion to theAttorney General: Reduce Class Size

SC01-2421

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9:00

A petition drive is underwayto collect sufficient signatures to place on the ballot a proposed constitutionalamendment limiting class size in Florida schools. The issue is before theCourt to determine whether the proposal contains only a single subjectand has a fair ballot summary, as required by law.

Statewide impact

Advisory Opinion to theAttorney General: Second-Hand Tobacco Smoke

SC01-2422

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Approx. 9:40

A petition drive is underwayto collect sufficient signatures to place on the ballot a proposed constitutionalamendment restricting smoking in certain public places. The issue is beforethe Court to determine whether the proposal contains only a single subjectand has a fair ballot summary, as required by law.

Statewide impact

The Florida Bar v. JohnT. Carlon, Jr.; The Florida Bar v. Mark Haller Zilberg

SC95,539SC00-1344SC97,000SC99-11

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Approx. 10:30

These cases involve attorneyscharged with ethical misconduct in overcharging clients, failure to maintainclient trust accounts properly, and other charges. They have been consolidatedbecause they involve questions of enforcing and prioritizing client restitutionorders.

Broward County

Leon County

City of Miami v. PatrickMcGrath III

SC01-1562

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Approx. 11:00

In 1999 the Legislatureauthorized certain cities to charge a surcharge of up to 20 percent forthe rental, lease, or sale of parking spaces. To qualify, the city hadto have a population of 300,000 or more on April 1, 1999, and had to havebeen declared in a state of financial emergency pursuant within the previous2 fiscal years. McGrath filed a class-action suit challenging the Miamisurcharge, but the trial court ruled against him. On appeal, the ThirdDistrict reversed.

Dade County

Tampa connection

Jacksonville connection

Florida Supreme Court OralArguments
Friday, February 8, 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

No cases scheduled

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