Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

March 3-7 , 2008

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The following summaries are drawn from briefs and lower court judgments. They are meant to provide a general idea of facts and issues presented in cases, and should not be considered official court documents. Facts and issues presented in these summaries should be checked for accuracy against records and briefs, available from the Court, which provide more specific information.

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Florida Supreme Court Oral Arguments

Monday, March 3, 2008

Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

Case

 Time

Facts & Issues

Place of Origin

No cases scheduled

 

 

 

 

Florida Supreme Court Oral Arguments

Tuesday, March 4, 2008

Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

Case

 Time

Facts & Issues

Place of Origin

No cases scheduled – Legislature convenes 

 

 

 

 

Florida Supreme Court Oral Arguments

Wednesday, March 5, 2008

Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

Case

 Time

Facts & Issues

Place of Origin

State of Florida v. Kevin DeWayne Powell

SC07-2295

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

9:00

Mr. Powell was convicted of possession of a firearm by a felon and sentenced to 10 years. On appeal, the Second District Court ruled that the warnings police had given Mr. Powell about his constitutional right to counsel were inadequate. The court reversed the conviction and certified to this Court the question of whether the Miranda warnings about the right to counsel were adequate.

Hillsborough County

Thomas Elwell v. State of Florida

SC07-1003

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

Approx. 9:40

Mr. Elwell was convicted of attempted lewd and lascivious molestation and sentenced to 30 years. The Second District Court affirmed, concluding that Mr. Elwell failed to preserve a challenge to the sufficiency of the trial court's findings when it let the grandfather of the child-accuser testify about out-of-court statements made by the child. Mr. Elwell contends that this challenge was properly preserved, and the Second District erred when it held the challenge was waived.

Pasco County

David J. Levine v. Janice Hirshon

SC07-1079

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

Approx. 10:30

After the death of Robert Levine, his two sons went to court to challenge the provision of his will that left his Key Biscayne co-op penthouse apartment to a friend. The sons argued that the apartment is homestead property and, under the Florida Constitution, must pass to them, since at the time of the father's death one of the sons was a minor. The friend argued that co-op apartments were not covered by that homestead provision of the constitution. The trial court agreed with the friend and the Third District Court of Appeal upheld that ruling.

Miami-Dade County

G.S. v. T.B.

SC07-2370

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

Approx. 11:10

After two children were orphaned, their maternal grandfather and his wife filed a petition to adopt them. The paternal grandmother and her husband filed a petition to be appointed guardian, asserting that guardianship was preferable to adoption. The trial court concluded the maternal grandfather and his wife would be fit parents but found that it was in the children's best interest to have all grandparents involved in the children's lives. For that reason, the trial court denied the adoption petition, giving the maternal grandfather and his wife primary custody and giving the paternal grandmother liberal visitation. The First District Court upheld the ruling and the maternal grandfather and his wife appealed to this Court.

Duval County

Pro-Art Dental Lab, Inc. V. V-Strategic Group LLC

SC07-1397

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

Approx. 11:50

Pro-Art Dental Lab refused to vacate premises it leased from V-Strategic after V-Strategic claimed the two parties had agreed to terminate the lease before the expiration of its original term. V-Strategic brought an ejectment action in county court despite the fact that circuit courts have exclusive jurisdiction in ejectment cases. The county court restyled the case as a tenant-removal action, held that it had jurisdiction, and entered a default judgment against Pro-Art. On appeal, the circuit court upheld the county court. The Fourth District Court affirmed. On rehearing, the Fourth District certified conflict.

Broward County

 

Florida Supreme Court Oral Arguments

Thursday, March 6, 2008

Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

Case

 Time

Facts & Issues

Place of Origin

Jews for Jesus, Inc. V. Edith Rapp

SC06-2491

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

9:00

Ms. Rapp sued Jews for Jesus, alleging false light invasion of privacy, defamation, negligent training and supervision, and emotional distress after her stepson, who worked for Jews for Jesus, described Ms. Rapp as a convert to Christianity in one of the group's newsletters. The trial court dismissed the lawsuit, ruling it was not supported by fact or law. On appeal, the Fourth District Court of Appeal partially upheld the trial court's decision. The 4th DCA, however, asked this Court to rule whether Florida allowed false light invasion of privacy lawsuits.

Palm Beach County

Statewide impact

Joe Anderson, Jr. v. Gannett Co., Inc.

SC06-2174

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

Approx. 9:40

Mr. Anderson sued the Pensacola News Journal for false light invasion of privacy, alleging the newspaper intentionally portrayed him as a murderer in the death of his wife, who was fatally shot in a hunting accident. The jury awarded Mr. Anderson $18.3 million in damages. The First District Court of Appeal, however, reversed the verdict. The 1st DCA ruled that Mr. Anderson's lawsuit was barred because he filed it after a two-year statute of limitations, which applies to traditional libel and other defamation suits.

Escambia County

Statewide impact

Adam W. Davis v. State of Florida

SC06-1444

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

Approx. 10:30

Mr. Davis was convicted of the murder of Vicki Robinson, who was fatally stabbed in her home in 1998. The jury voted 7-5 to recommend a death sentence and Mr. Davis was condemned. This Court upheld the conviction and sentence on direct appeal and Mr. Davis filed a post-conviction challenge in circuit court. It was denied and this appeal followed. Mr. Davis raises several issues.

Hillsborough County

Dwayne Irwin Parker v. State of Florida

SC06-2176

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

Approx. 11:10

Mr. Parker was convicted of the 1989 murder of William Nicholson, who was fatally shot as he pursued Mr. Parker after a Pizza Hut robbery. The jury voted 8-4 to recommend a death sentence and he was condemned. This Court upheld the conviction and sentence on direct appeal and Mr. Parker filed a post-conviction challenge in the trial court. After it was denied without a hearing, Mr. Parker appealed to this Court. This Court remanded to the trial court for an evidentiary hearing on two claims of ineffective assistance of counsel. After the hearing, the trial court denied both claims and Mr. Parker has appealed to this Court. He raises various issues.

Broward County

 

 

Florida Supreme Court Oral Arguments

Friday, March 7, 2008

Arrive early. Times & order of appearance are tentative and subject to change with no notice. Cases may be postponed due to exigent circumstances.

Case

 Time

Facts & Issues

Place of Origin

William James Deparvine v. State of Florida

SC06-155

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

8:30

Mr. Deparvine was convicted of the 2003 murders of Richard and Karla Van Dusen, who were shot. Karla was also stabbed. The jury voted 8-4 to recommend death sentences for each murder and Mr. Deparvine was condemned. This is his direct appeal and he raises several issues.

Hillsborough County

Jerry Michael Wickham v. State of Florida

SC05-1012 | SC07-1137

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

Approx. 9:30

Mr. Wickham was convicted of the 1986 murder of Morris Fleming, who was fatally shot. The jury voted 11-1 to recommend a death sentence and he was condemned. This Court upheld the conviction and sentence on direct appeal and Mr. Wickham filed a post-conviction challenge in the trial court. It was denied and this appeal followed. Mr. Wickham raises several issues.

Leon County

The Florida Bar v. Jerry Arthur Riggs, Sr.

SC06-634 | SC06-955

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

Approx. 10:10

Mr. Riggs, an attorney, was charged with violation of ethical rules by The Florida Bar in connection with his actions as an escrow agent in real estate transactions. A judge assigned to act as a referee in the two cases, which were consolidated, concluded that Mr. Riggs violated ethical rules and recommended that this court disbar Mr. Riggs for five years. Mr. Riggs challenges the referee's findings and recommendations.

Broward County

The Florida Bar v. Alan S. Glueck

SC06-1101 | SC07-1

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

Approx. 10:40

The Florida Bar filed ethical charges against Mr. Glueck, accusing him of working with a non-lawyer who practiced law, neglecting clients and lying to the Bar during its investigation. The judge assigned as a referee in the two consolidated cases concluded Mr. Glueck was guilty of the ethical violations and recommended a three-year suspension. The Florida Bar argues that Mr. Glueck should be disbarred; Mr. Glueck argues the referee erred in finding ethical violations in his conduct.

Broward County