Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

March 3 & 7-11, 2011

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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

Thursday, March 3, 2011

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

Thad Altman v. Hon. Rick Scott, Governor

SC11-396

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

3:00

Two Florida state senators sued Gov. Rick Scott over his decision to reject federalfunding for a high-speed rail system in central Florida. The Florida SupremeCourt has expedited the case and scheduled arguments.

Statewide impact

 

Florida Supreme Court Oral Arguments

Monday, March 7, 2011

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

David Byron Russ v. State of Florida

SC09-923

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

 

 

 

9:00

Mr. Russ pled guilty to the first-degree murder of Madeleine Leinen, who wasfatally stabbed in 2007. He waived a penalty hearing before a jury and the trialcourt condemned him. This is Mr. Russ' direct appeal. He raises two points.

Seminole County

Paul Christopher Hildwin v. State of Florida

SC09-1417

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

Approx. 10:00

Mr. Hildwin was convicted of the first-degree murder of Vronzettie Cox, whowas strangled in 1985. His first death sentence was overturned by this Court and,after a second penalty hearing, the jury voted 8-4 to recommend a death sentence.The trial court again condemned Mr. Hildwin to death. This Court upheld thesecond death sentence on direct appeal and Mr. Hildwin filed a post-convictionchallenge in trial court attacking his sentence of death. It was denied and thisappeal followed.

Hernando County

James Earl Rippy v. James Shepard

SC09-1677

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

Approx. 10:40

Mr. Rippy sued Mr. Shepard, alleging he was liable for injuries that Mr. Rippysustained when he was struck by a farm tractor owned by Mr. Shepard. The trialcourt dismissed the lawsuit, holding that Mr. Shepard was not liable because afarm tractor was not covered by Florida's "dangerous instrumentality" doctrine.Mr. Rippy appealed to the First District Court of Appeal, which upheld the trialcourt. This appeal followed.

Levy County

John K. Vreeland v. Danny Ferrer

SC10-694

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

Approx. 11:20

Jose Martinez, a passenger in an aircraft leased by Mr. Ferrer, was killed in a crash in 2005. Mr. Vreeland, the personal representative of Mr. Martinez's estate, filed a wrongful death action alleging that the plane's owner, Aerolease of America, was vicariously liable under Florida's "dangerous instrumentality" doctrine. The trial court ruled that federal law preempted Vreeland's vicarious liability claim against Aerolease. The Second District Court of Appeal agreed.

Chief Justice Canady is recused.

Polk County

 

 

Florida Supreme Court Oral Arguments

Tuesday, March 8, 2011

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

Michael Joseph Griffin v. State of Florida

SC09-1 | SC09-1894

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

 

9:00

Mr. Griffin pled guilty to the first-degree murders of Thomas and PatriciaMcCallops, who were shot in 1995. He waived a penalty hearing before a juryand the trial court condemned him. This Court upheld the death sentences ondirect appeal and Mr. Griffin filed a post-conviction challenge in trial court.The court denied his motion to withdraw his guilty plea but vacated the deathsentences, granting the motion for a new penalty hearing. Both sides appealedto this Court.

Pinellas County

Harrel Franklin Braddy v. State of Florida

SC07-2174

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

Approx. 9:40

Mr. Braddy was convicted of the first-degree murder of Quatisha Maycock, a5-year-old who suffered a fatal head injury in 1998. The jury voted 11-1 torecommend a death sentence and the trial court condemned him. This is Mr.Braddy's direct appeal. He raises various issues.

Miami-Dade County

West Florida Regional Medical Center, Inc. V. Lynda S.See

SC09-1997

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

Approx. 10:40

Mrs. See sued West Florida Regional Medical Center for negligence after shewas injured in surgeries at the hospital. She asked the hospital to supply recordsunder a section of the state constitution that grants patients access to documentsabout adverse incidents. The hospital argued that this state provision violatedthe U.S. Constitution but the trial court disagreed. The hospital appealed to theFirst District Court of Appeal, which upheld the trial court's ruling. This appealfollowed.

Escambia County

Tiara Condominium Association, Inc. V. Marsh &McLennan Companies, Inc.

SC10-1022

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

Approx. 11:20

After sustaining severe damages from two hurricanes in 2004, TiaraCondominium Association filed a federal lawsuit against Marsh, its insurancebroker, alleging negligence, breach of fiduciary duty and three other counts.The federal trial court rejected all the counts. On appeal, the 11th U.S. CircuitCourt of Appeals said the scope of Florida law concerning lawsuits againstinsurance brokers was unclear. The federal appeals court certified the issue tothis Court to be answered.

South Florida

 

 

Florida Supreme Court Oral Arguments

Wednesday, March 9, 2011

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

Gary Bernand McCray, II v. State of Florida

SC08-2434

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

 

 

 

 

 

 

 

 

 

9:00

Mr. McCray was convicted of the first-degree murders of John Ellis Jr., JohnWhitehead, Phillip Perrotta and Robin Selkirk, who were fatally shot in 2004.The jury voted unanimously to recommend death sentences and the trial courtcondemned him. This is Mr. McCray's direct appeal. He raises various issues.

Clay County

Victor Marcus Farr v. State of Florida

SC08-1406 | SC09-1010

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

 

 

 

 

 

 

 

 

 

 

Approx. 10:00

Mr. Farr pled guilty to the first-degree murder of Shirley Bryant, who wasfatally injured in a 1990 car collision caused by Mr. Farr. Mr. Farr waived hisright to a penalty hearing before a jury and the trial court condemned him todeath. This Court overturned that death sentence. Mr. Farr was sentenced todeath a second time. This Court upheld the second sentence on direct appealand Mr. Farr filed a post-conviction challenge in trial court. It was denied andthis appeal followed.

Columbia County

Banco Industrial de Venezuela C.A. Miami Agency v. Esperanza de Saad

SC10-21

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

 

Approx. 10:40

The trial court ordered Banco Industrial de Venezuela to pay Ms. de Saad $4.5million to cover her expenses in defending herself against federalmoney-laundering charges relating to her actions as a manager of the bank. Thecourt rejected arguments by the bank that Florida's indemnity law did not applyto Ms. de Saad because she later pled guilty to lesser charges. The ThirdDistrict Court of Appeal upheld the trial court and this appeal followed.

Miami-Dade County

Donald Wendt v. La Costa Beach Resort Condominium Association, Inc.

SC09-1914

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

Approx. 11:20

Mr. Wendt and others, who were unit owners and board directors of La Costa Beach Resort, sought to be compensated after defending themselves against allegations of negligence and misconduct by La Costa Beach Resort. The trial court dismissed their lawsuit and the Fourth District Court of Appeal upheld that ruling. This appeal followed.

Justice Pariente is recused.

Broward County

 

 

Florida Supreme Court Oral Arguments

Thursday, March 10, 2011

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

Derrick Tyrone Smith v. State of Florida

SC09-2063

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

 

 

9:00

Mr. Smith was convicted of the first-degree murder of Jeffrey Songer, who was fatally shot in 1983. Mr. Smith was condemned but this Court overturned his conviction. He was again convicted and condemned to death. This Court upheld the second sentence on direct appeal and Mr. Smith filed a post-conviction challenge in trial court. It was denied and this Court upheld that ruling. The trial court denied another post-conviction challenge and this appeal followed.

Justice Quince is recused.

 

Clay County

Roy Phillip Ballard v. State of Florida

SC08-2041

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

Approx. 9:40

Mr. Ballard was convicted of the 2006 first-degree murder of Autumn Traub.The jury voted 9-to-3 to recommend a death sentence and the trial courtcondemned him. This is Mr. Ballard's direct appeal. He raises various issues.

Polk County

State Farm Mutual Automobile Insurance Co. V. GildaMenendez

SC10-116

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

Approx. 10:40

Ms. Menendez sued State Farm for a declaration that it would provide coveragefor claims made on her auto insurance policy by her daughter and son-in-law,who were hurt when they were passengers in her car during a 2006 collision.State Farm argued the injuries were not covered because of the policy's"family/household exclusion section." The trial court ruled the claims werevalid because the policy was ambiguous. The Third District Court of Appealupheld that ruling.

Miami-Dade County

Chemrock Corp. V. Tampa Electric Co.

SC09-2263

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

Approx. 11:20

Tampa Electric asked the trial court to dismiss a lawsuit Chemrock had filedagainst it in 2002, based on lack of record activity in the case. Chemrockchallenged the motion but the trial court agreed with Tampa Electric. Onappeal, the First District Court of Appeal upheld that ruling based on itsinterpretation of an amended rule of civil procedure. This appeal followed.

Duval County

 

 

 

Florida Supreme Court Oral Arguments

Friday, March 11, 2011

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