Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

May 3-7, 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, May 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

Andrew Krause v. Textron Financial Corp.

SC09-881

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

 

 

 

9:00

Mr. Krause and others sued Textron in state court seeking to recover proceedsfrom sale of their country club memberships. The state court ruled that thelawsuit was barred because it was filed after Florida's five-year statute oflimitations expired. Mr. Krause and others appealed, arguing that federal lawsuspended the statute of limitations while the case was in bankruptcy court. TheSecond District Court of Appeal upheld the trial court. This appeal followed.

Collier County

Clarence Dennis v. State of Florida

SC09-941

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

Approx. 9:40

Mr. Dennis was convicted of felony battery and sentenced to five years in prison.Before his trial, he argued the case should be dismissed under Florida's "StandYour Ground" law because he was defending himself from an attack. Prosecutors,however, disputed that was true. Citing that dispute, the trial judge denied Mr.Dennis' motion. The Fourth District Court of Appeal upheld that ruling but alsocertified conflict with a ruling by the First District Court of Appeal.

Okeechobee County

Zenaida Gomez v. City of Pinecrest

SC09-1401

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

Approx. 10:30

The village of Pinecrest seized a rental property owned by Ms. Gomez afterdiscovering marijuana growing in the house. She argued that she had noknowledge of the illegal activity. The trial court ruled the village had probablecause under Florida's Contraband and Forfeiture Act to seize the house. The ThirdDistrict Court of Appeal upheld the trial court, concluding that knowledge ofillegal activity was not required to seize the property; knowledge would have toproven at the second stage of the forfeiture proceedings. The Third Districtacknowledged its decision was in conflict with other DCAs on the issue ofwhether knowledge was required to seize the property. This appeal followed.

Miami-Dade County

Charles Mendenhall v. State of Florida

SC09-400

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

Approx. 11:10

Mr. Mendenhall was sentenced to 35 years in prison with a 35-year mandatoryminimum for attempted second-degree murder with a firearm under Florida's10-20-Life law. He challenged the sentence, arguing that the harshest penaltyallowed in his case was 30 years with a 25-year mandatory minimum. The trialcourt agreed. The Fifth District Court of Appeal later ruled that the trial courterred when it reduced the original sentence because the harshest penalty allowedby the law was life imprisonment.

Lake County

 

 

Florida Supreme Court Oral Arguments

Tuesday, May 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

Khalid Ali Pash v. State of Florida

SC08-1129

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

 

 

9:00

Mr. Pasha was convicted of the first-degree murders of his wife, Robin Canady,and step-daughter, Reneesha Singleton, who were fatally stabbed and beaten inAugust 2002. The jury voted 7-5 to recommend a death sentence for each murderand the trial court condemned him. This is his direct appeal. He raises two issues.

Hillsborough County

Katherine Kaaa v. Joseph Kaaa

SC09-967

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

Approx. 10:00

Katherine and Joseph Kaaa lived in a home that the husband purchased beforetheir marriage. When they divorced after 27 years of marriage, the trial court concluded that the home remained a nonmarital asset, and the wife was entitled tonone of the market-driven appreciation in the home's value. The Second DistrictCourt of Appeal upheld the trial court. The Second District certified that itsdecision conflicts with a decision from the First District Court of Appeal.

Hillsborough County

Wayne Atkinson v. Wal-Mart Stores, Inc.

SC09-1956

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

Approx. 10:40

Mr. Atkinson and others sued Wal-Mart, seeking to recover life insurance benefitsWal-Mart was paid after the deaths of their relatives, who had worked forWal-Mart as rank-and-file employees. The company had received $66,048 afterthe death of Rita Atkinson and $72,820 after the death of Karen Armatrout. Afederal judge ruled the women's families did not have the right to sue underFlorida law. The U.S. 11th Circuit Court of Appeals has asked this Court whetherstate law allows such a lawsuit.

Central Florida

Dean Kilgore v. State of Florida

SC09-257 | SC09-1552

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

Approx. 11:20

Mr. Kilgore was convicted of the first-degree murder of Emerson Jackson, a fellow prison inmate who was fatally stabbed in 1989. The jury voted 9-3 to recommend a death sentence and the trial court condemned him. This Court upheld the sentence on direct appeal and Mr. Kilgore filed a post-conviction challenge in trial court. It was denied and this appeal followed. He raises various issues.

Chief Justice Quince is recused.

Polk County

 

 

Florida Supreme Court Oral Arguments

Wednesday, May 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

In re: Standard Jury Instructions (Products Liability)

SC09-1264

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

 

 

 

 

9:00

The Committee on Standard Jury Instructions in Civil Cases recommends changesto the jury instructions to be used in product liability lawsuits. The proposedchanges include both new instructions and revised instructions intended to update,clarify and more clearly express the instructions in plain English.

 

Statewide impact

Kenneth Louis Dessaure v. State of Florida

SC09-393 | SC09-1551

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

 

 

 

 

 

Approx. 10:00

Mr. Dessaure was convicted of the first-degree murder of Cindy Riedweg, whowas fatally stabbed in 1999. He waived his rights to have a sentencing hearingbefore a jury and to present mitigating evidence and argument in favor of a lifesentence. The trial court condemned him. The death sentence was upheld by thisCourt on direct appeal and Mr. Dessaure filed a post-conviction challenge in trialcourt. It was denied and this appeal followed. He raises various issues.

Pinellas County

Oscar Ray Bolin v. State of Florida

SC08-1963

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

 

 

 

 

Approx. 10:40

Mr. Bolin was convicted of the first-degree murder of Teri Lynn Matthews, who was fatally beaten and stabbed in 1986, after two earlier convictions were reversed on appeal. He waived a penalty hearing before a jury and the trial court condemned him. This Court upheld the third conviction and death sentence on direct appeal and Mr. Bolin filed a post-conviction challenge in trial court. It was denied and this appeal followed. Mr. Bolin raises various issues.

Chief Justice Quince is recused.

Pasco County

 

 

Florida Supreme Court Oral Arguments

Thursday, May 6, 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

 

 

 

 

 

Florida Supreme Court Oral Arguments

Friday, May 7, 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