Florida Supreme Court Oral Argument Press Summaries

Oral Argument Press Summaries
February 3-7, 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.

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

Florida Supreme Court OralArguments
Monday, February 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

Dan Ray Warren v. StateFarm Mutual Automobile Insurance Co.

SC02-285

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9:00

Warren was injured in anautomobile accident. He received medical treatment, but his physician failedto submit the insurance claim until after the 30-day period required bya Florida statute. State Farm denied the claim on grounds it was delinquent.The trial judge ruled the statute unconstitutional, but the Fifth DistrictCourt reversed.

Volusia County

Nelson Robles v. MetropolitanDade County

SC02-132

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Approx. 9:40

In November 1995 NicholasSang hijacked a bus occupied by 13 children who had disabilities. A MetropolitanDade police sharpshooter later fired a shot, striking Sang, but also sendinga spray of glass and metal into the bus that blinded a child in one eye.The child and his parents sued, but the trial judge ruled in favor of MetropolitanDade. The Third District Court affirmed.

Dade County

Alfred Lewis Fennie v.State of Florida

SC01-2480|SC02-1180

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Approx. 10:30

Fennie was tried, convicted,and sentenced to death for the September 1991 murder of Mary Elaine Shearin.His sentence was affirmed on appeal. He now challenges its validity.

Hernando County

Dwayne Curtis Dorseyv. State of Florida

SC02-531

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Approx. 11:10

Dorsey was charged withbattery on a law officer and resisting an officer with violence. Duringjury selection, the State removed an African-American juror over the defense'sobjection. The trial judge found the removal to be race-neutral. Dorseythen was convicted on the second charge and sentenced to five years. Heappealed on grounds the juror was improperly removed, but the Third DistrictCourt affirmed. 

Dade County

Florida Supreme Court OralArguments
Tuesday, February 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

Sally Sarkis v. AllstateInsurance Co.

SC02-428

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9:00

In a lawsuit, the jury awardedSarkis damages in excess of a prior settlement offer made by Allstate.The trial judge then awarded the attorney, who was working by contingentfee, an additional multiplier because of the higher verdict. The FifthDistrict Court reversed.

Brevard County

Barry L. Berges v. InfinityInsurance Co.

SC01-2846

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Approx. 9:40

Berges owned a car thatwas being driven by someone else when it crossed the center line and struckanother car, killing the driver of that car and injuring her daughter.Berges' insurance company did not settle with the deceased's estate, andthe estate of the deceased won a substantial jury award against Berges.Berges then sued his insurance company on grounds it acted in bad faith,and the jury awarded him more than $1.8 million. On appeal, the SecondDistrict Court reversed. 

Hillsborough County

Paul Thompson v. Stateof Florida

SC02-800

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Approx. 10:30

Thompson pled guilty tothe felony charge of knowingly driving with a suspended, canceled, or revokedlicense. He was sentenced to 36 months, but the State successfully appealedon grounds this sentence fell below the guidelines range. At his new sentencing,he received 57.9 months in prison. He later challenged the validity ofhis sentence, but the trial judge rejected his claim. On appeal, the FifthDistrict affirmed.

Sumter County

John Blackwelder v. Stateof Florida

SC01-2058

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Approx. 11:10

Blackwelder was chargedwith the May 2000 murder of fellow inmate Raymond D. Wigley at the ColumbiaCorrectional Institute. He pled guilty and, at the penalty phase, a juryrecommended death 12-to-0. The trial judge imposed the death penalty. Thisis Blackwelder's direct appeal.

Columbia County

Florida Supreme Court OralArguments
Wednesday, February 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

Amendment to Family LawRules of Procedure

SC02-1574

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9:00

The Family Court SteeringCommittee has petitioned the Court for modification of rules governingdomestic violence proceedings in state courts.

Statewide impact

Duane E. Owen v. Jamesv. Crosby, Jr.

SC01-2146|SC01-2476

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Approx. 9:40

Owen was tried, convicted,and sentenced to death for the July 1984 murder of Georgianna Worden. Hissentence was affirmed on appeal. He now challenges its validity.

Palm Beach County

Wayne Tompkins v. Stateof Florida

SC01-1619

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Approx. 10:30

Tompkins was tried, convicted,and sentenced to death for the March 1983 murder of Lisa DeCarr. His sentencewas affirmed on appeal. He now challenges its validity.

Hillsborough County

S.B. v. Department ofChildren & Families

SC02-2262

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Approx. 11:10

S.B.'s two children weredeclared dependent and taken into state custody after she failed to appearin court pursuant to a summons. Later the court appointed an attorney forher who filed a motion to set aside this order. The court never ruled onthe motion, nor did counsel take an appeal. S.B. then filed court pleadingsalleging that her attorney inadequately represented her. The trial courtdenied the motion, and the Fourth District Court held that there is noright to competent counsel in dependency proceedings.

Palm Beach County

Florida Supreme Court OralArguments
Thursday, February 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

No cases scheduled

Florida Supreme Court OralArguments
Friday, February 7, 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 cases scheduled

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