Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

April 4 & 9-13 & 20, 2012

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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

Wednesday, April 4, 2012

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 Alan Gore v. State of Florida
SC80,916 | SC12-537
View briefs in Acrobat format by clicking the case number(s) here

9:00

Mr. Gore was convicted of the first-degree murder of 17-year-old Lynn Elliott, who was kidnapped and fatally shot in 1983. He was sentenced to death but later was granted a new sentencing hearing. In that proceeding, a jury voted unanimously to recommend a death sentence and the trial court again condemned him to death. After the Governor signed a death warrant and the Department of Corrections scheduled his execution for April 12, Mr. Gore filed a post-conviction challenge in trial court. It was denied and this appeal followed.

Indian River County

 

Florida Supreme Court Oral Arguments

Monday, April 9, 2012

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

Tusday, April 10, 2012

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 Telli v. Broward County

SC11-1737

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

9:00

Mr. Telli challenged a Broward County charter provision limiting countycommissioners to three consecutive terms in office. The trial court agreed withhim that the provision, which county voters approved in 2000, violated the FloridaConstitution. The Fourth District Court of Appeal reversed that ruling. Mr. Telliasked this Court to review the 4th DCA decision.

Broward County

Cathy Antunes v. Sarasota County

SC12-109

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

Approx. 9:40

Ms. Antunes and 15 other voters in Sarasota County challenged a court orderbarring enforcement of term limits on county commissioners. The trial courtdenied their motion to dissolve the permanent injunction against the term limits,which had been ruled unconstitutional after voters added them to the countycharter in 1998. The Second District Court of Appeal certified the case as one ofgreat public importance requiring immediate resolution by this Court.

Sarasota County

Ralston Davis v. State of Florida

SC10-135

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

Approx. 10:30

Mr. Davis was convicted of the first-degree murders of Myosha Proby, RavindraBasdeo and Carlos Jones, who were fatally shot in 2005. The jury voted 8-4 torecommend a death sentence for the murder of Ms. Proby and life prison terms forthe other two murders. The trial court condemned Mr. Davis to death for themurder of Ms. Proby. This is his direct appeal. He raises various issues.

Broward County

Roy Clifton Swafford v. State of Florida

SC10-1772

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

Approx. 11:30

Mr. Swafford was convicted of the first-degree murder of Brenda Rucker, whowas fatally shot in 1982. The jury voted 10-2 to recommend a death sentence andthe trial court condemned him. This Court upheld the death sentence on directappeal and after various different post-conviction challenges. In his latestchallenge, Mr. Swafford argues the trial court erred in several of its rulingsregarding DNA.

Volusia County

 

Florida Supreme Court Oral Arguments

Wednesday, April 11, 2012

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

Justin Ryan McMillian v. State of Florida

SC10-2168

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

9:00

Mr. McMillian was convicted of the first-degree murder of Danielle Stubbs, whowas fatally shot in 2009. The jury voted 10-2 to recommend a death sentence andthe trial court condemned Mr. McMillian to death. This is his direct appeal. Heraises various issues.

Duval County

Pedro Hernandez-Alberto v. State of Florida

SC10-2471 | SC11-1608

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

Approx. 10:00

Mr. Hernandez-Alberto, a Mexican national, was convicted of the first-degreemurders of his stepdaughters Donna Berezovsky and Isela Gonzales, who werefatally shot in 1999. The jury voted 10-2 to recommend a death sentence for eachmurder. The trial court condemned Mr. Hernandez-Alberto. This Court upheld hisconviction and death sentence on direct appeal. Mr. Hernandez-Alberto filed apostconviction challenge in the trial court. His motion as dismissed and this appealfollowed.

Hillsborough County

City of Palm Bay v. Wells Fargo Bank

SC11-830

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

Approx. 10:40

Wells Fargo Bank began foreclosure proceedings against a home after the ownersfell behind on their mortgage payments. The city of Palm Bay had earlier fined thehomeowners for code violations but the bank argued its mortgage took priorityover the city's code enforcement liens. The trial court ruled for the bank and thecity appealed to the Fifth District Court of Appeal, which ruled the city does nothave the power to give its code enforcement liens priority over other liens andclaims. The 5th DCA also certified the issue to this Court as one of great publicimportance.

Brevard County

Earth Trades, Inc. v. T&G Corp.

SC10-1892

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

Approx. 11:20

Earth Trades, a subcontractor, was hired by T&G, a general contractor, forconstruction projects in Jacksonville and Hialeah. The two businesses becameinvolved in a dispute over payment and performance. Earth Trades sued T&G,alleging breach of contract. T&G filed a counter-claim, also alleging breach ofcontract. The trial court agreed with T&G that Earth Trades' claim was barredunder Florida law because it was not licensed. Earth Trades appealed, arguingT&G knew Earth Trades was unlicensed when it hired the company. The FifthDistrict Court of Appeal upheld the trial court. Earth Trades asked this Court toreview the decision.

Orange County

 

Florida Supreme Court Oral Arguments

Thursday, April 12, 2012

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

Friday, April 13, 2012

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

Friday, April 20, 2012

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

In Re: Joint Resolution of Legislative Apportionment

SC12-460

10:00

The Florida Supreme Court is reviewing Senate legislative redistricting maps to determine if they comply with the state Constitution.

Statewide impact