Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

June 6 to 10, 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

Monday, June 6, 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 case scheduled 

 

 

 

 

Florida Supreme Court Oral Arguments

Tuesday, June 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

Johnny Hoskins v. State of Florida

SC10-450

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

 

 

 

 

 

 

9:00

Mr. Hoskins was convicted of the first-degree murder of 80-year-old DorothyBerger, who was beaten, raped and strangled in 1992. He was condemned to deathbut this Court ordered a new penalty hearing. After the new hearing, the jury voted11-1 to recommend a death sentence and Mr. Hoskins was condemned again. ThisCourt upheld the sentence on direct appeal and Mr. Hoskins filed apost-conviction challenge in trial court. It was denied and this appeal followed.

Brevard County

In re: Amendments to Florida Family Law Rules

SC11-40

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

Approx. 9:40

As part of a regular three-year cycle, the Family Law Rules Committee of TheFlorida Bar recommends changes to the rules governing family law cases. Oneproposed amendment changes the notification requirements in child custody cases.Another proposed amendment outlines the protocols that must be followed innonadversarial divorce cases when both parties want to participate in a disputeresolution process known as collaborative law.

Statewide impact

In re. Amendments to the Florida Rules of JudicialAdministration

SC11-52

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

Approx. 10:10

As part of a regular cycle, the Rules of Judicial Administration Committee of TheFlorida Bar recommends changes to the rules governing judicial administration.One proposed amendment would impose standards to make court documentsaccessible to persons with disabilities. The new rule would require that alldocuments filed in a Florida court in any electronic form be formatted to complywith all state and federal laws requiring accessibility.

Statewide impact

In re: Amendments to the Florida Rules of Appellate Procedures

SC11-192

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

Approx. 10:40

As part of a regular three-year cycle, the Appellate Court Rules Committee of TheFlorida Bar recommends changes to the rules governing the filing and handling ofappeals. These proposed amendments deal with matters such as the transitionwhen a case is transferred from a trial attorney to a new appellate attorney andways in which federal appeal courts can ask the Florida Supreme Court to settlea matter of Florida law that is at issue in a federal case.

Statewide impact

 

 

Florida Supreme Court Oral Arguments

Wednesday, June 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

Luther Douglas v. State of Florida

SC10-318 | SC10-1725

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

 

 

 

9:00

Mr. Douglas was convicted of the first-degree murder of Mary Ann Hobgood, whowas fatally beaten in 1999. The jury voted 11-1 to recommend a death sentence.The trial court condemned Mr. Douglas. This Court upheld the death sentence ondirect appeal and Mr. Douglas filed a post-conviction challenge in trial court. Itwas denied and this appeal followed.

Duval County

Phillup Alan Partin v. State of Florida

SC08-2348

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

Approx. 9:40

Mr. Partin was convicted of the first-degree murder of Joshan Marie Ashbrook, a16-year-old who suffered fatal injuries to her head and neck in 2002. The juryvoted 9-3 to recommend a death sentence and the trial court condemned Mr.Partin. This is Mr. Partin's direct appeal of his death sentence.

Pasco County

140 Associates, Ltd. V. Seacoast National Bank

SC10-974

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

Approx. 10:40

Seacoast National Bank filed to foreclose on mortgages held by 140 Associatesand others. The property owners challenged the bank's right to take such a step,arguing it did not have a certificate to do business in Florida as a foreigncorporation, as required by state law. The trial court, however, ruled that state lawwas pre-empted by the National Bank Act. The Fourth District Court of Appealupheld that ruling. This appeal followed.

Palm Beach County

In re: Amendments to the Florida Rules of Procedure

SC10-2101

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

Approx. 11:20

The Rules of Judicial Administration Committee on Email Service and all 10 rulescommittees of The Florida Bar ask this Court to adopt a new rule that would makeemail the primary means of exchanging pleadings between lawyers.

Statewide impact

 

 

Florida Supreme Court Oral Arguments

Thursday, June 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

Daniel Del Monico v. Arthur Rodgers Traynor

SC10-1397

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

 

 

 

 

 

 

 

 

 

 

 

 

9:00

Mr. DelMonico sued Mr. Traynor, an attorney representing a defendant in anunderlying lawsuit filed by Mr. DelMonico. The lawsuit against Mr. Traynor andhis law firm alleged that Mr. Traynor defamed Mr. DelMonico while speakingwith third parties about the underlying lawsuit. Mr. Traynor argued that thecommunications were absolutely privileged because they occurred during thecourse of a judicial proceeding. The trial court agreed and granted summaryjudgment. The Fourth District Court of Appeal upheld that ruling.

Broward County

 

 

Florida Supreme Court Oral Arguments

Friday, June 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

No cases scheduled