Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

March 1 to 5, 2010

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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 1, 2010

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

Paul Glen Everett v. State of Florida

SC08-1636 | SC09-646

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

 

9:00

Mr. Everett was convicted of the first-degree murder of Kelly M. Bailey, who wasraped and fatally attacked in her home in 2001. The jury voted unanimously torecommend a death sentence and the trial court condemned him. The deathsentence was upheld by this Court on direct appeal and Mr. Everett filed apostconviction challenge in the trial court. It was denied and this appeal followed.

Bay County

Florida Parole Commission v. Joseph Robert Spaziano

SC06-1252

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

Approx. 9:40

Mr. Spaziano, a prisoner, lost a court challenge to his parole date. The trial courtalso ruled that he was liable for court costs under a state law dealing with civillawsuits by inmates. The First District Court of Appeal, however, overturned thatruling. The 1st DCA concluded that Mr. Spaziano's challenge to the ParoleCommission's determination of his presumptive parole date qualified as acollateral criminal proceeding and, as such, was specifically exempted from thelaw requiring payment of court costs.

Central Florida

Rafael Vargas v. Enterprise Leasing Co.

SC08-2269

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

Approx. 10:30

Mr. Vargas sued Enterprise Leasing after he was hurt in a crash involving a car leased from the company. Enterprise argued that federal law shields car rental companies from lawsuits alleging negligence or fault by people driving rented cars. The trial court agreed with Enterprise as did the Fourth District Court of Appeal. The 4th DCA also sent the issue to this Court as a question of great public importance.

Justice Pariente is recused

Palm Beach County

 

 

Florida Supreme Court Oral Arguments

Tuesday, March 2, 2010

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 3, 2010

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

Donald Lenneth Banks v. State of Florida

SC08-1741

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

 

 

9:00

Mr. Banks was convicted of the first-degree murder of Linda Volum, who wasfatally stabbed in her home in 2005. The jury voted 10-2 to recommend a deathsentence and the trial court condemned him. This is his direct appeal. He raisesvarious issues.

Duval County

Roman Ramirez v. Charles H. McCravy

SC09-490

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

 

 

 

Approx. 10:00

After being hurt in a 2003 car crash, Mr. Ramirez sued Mr. McCravy. Mr. McCravy, however, argued that Mr. Ramirez had missed the deadline for filing suit. Mr. Ramirez argued that tolling orders issued by this Court in the wake of several hurricanes in 2004, 2005 and 2006 had pushed back the deadline. The trial court agreed with Mr. McCravy and the Third District Court of Appeal upheld the trial court.

Miami-Dade County

Gerald Petion v. State of Florida

SC09-664

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

 

 

Approx. 10:40

Mr. Petion was convicted of drug offenses in a non-jury trial. He appealed tothe Fourth District Court of Appeal, which agreed with him that the trial courthad erred when it allowed the state to present evidence about common practicesof drug dealers. But the 4th DCA went on to rule that the mistake was aharmless one because judges are presumed to base their decisions onadmissible evidence.

Broward County

Internet Solutions Corp. v. Tabitha Marshall

SC09-272

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

 

 

 

Approx. 11:20

Internet Solutions sued Ms. Marshall in federal court in Florida, allegingdefamation for comments she posted about the company on her Web site.Internet Solutions is a Nevada corporation that does business in Florida; Ms.Marshall lives in the state of Washington. Ms. Marshall argued the suit shouldbe dismissed because there was not enough to connect her to Florida. The 11thU.S. Circuit Court of Appeals is asking this Court whether the Florida statutethat deals with lawsuits against non-residents applies to allegedly defamatorymaterial a non-resident posts on the Web.

Nevada & Washington State

 

 

Florida Supreme Court Oral Arguments

Thursday, March 4, 2010

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

Renaldo Devon McGirth v. State of Florida

SC08-976

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

N/A

Removed from calendar; rescheduled for April

Marion County

David Eugene Johnston v. State of Florida

SC10-356

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

9:00

Mr. Johnston was convicted of the first-degree murder of Mary Hammond, an84-year-old woman who was stabbed and strangled in her Orlando home in 1983.The jury voted 8-4 to recommend a death sentence and the trial court condemnedMr. Johnston to death. After the state scheduled his execution for March 9, Mr.Johnston filed a post-conviction challenge in circuit court. It was denied and thisappeal followed.

Orange County

Robert J. Trease v. State of Florida

SC07-1353 | SC08-792

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

9:40

Mr. Trease was convicted of the first-degree murder of Paul Edenson, who wasbeaten, shot, and knifed in 1995. The jury voted 11-1 to recommend a deathsentence and the trial court condemned him. This Court upheld the sentence ondirect appeal. Mr. Trease filed a postconviction challenge in trial court but thentold the court he wanted to stop his appeals and the court ruled he could do so. Hisattorney appealed that ruling to this Court and Mr. Trease also said he hadchanged his mind again and wanted to continue his appeals.

Sarasota County

QBE Insurance Corp. V. Chalfonte Condominium Appartment Association

SC09-441

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

 

 

 

Approx. 10:30

Chalfonte sued QBE in federal court in a dispute over property insurance coverageand claims following Hurricane Wilma in 2005. The trial court awarded Chalfonte$7 million in damages. The case was appealed to the 11th U.S. Circuit Court ofAppeals. The federal appeals court has asked this Court to rule on severalquestions of Florida law.

Boca Raton

Leslie S. Osborne v. Denise DuMoulin

SC09-751

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

Approx. 11:10

Ms. DuMoulin filed for bankruptcy and claimed the protection of the homesteadexemption in the state constitution. Later she said she intended to surrender herhome, which was in foreclosure, and instead use a personal property exemptioncreated for debtors who do not benefit from the homestead exemption. Mr.Osborne, the trustee, argued Ms. DuMoulin could not switch because she hadalready benefited from the homestead exemption. The 11th U.S. Circuit Court ofAppeals has asked this Court to determine what state law allows.

Broward County

 

 

 

Florida Supreme Court Oral Arguments

Friday, March 5, 2010

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