Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

September 3 & 8-12, 2008

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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, September 3, 2008

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

Andy Ford v. Kurt Browning
SC08-1529

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

9:00

A trial judge ruled that the state's Taxation and Budget Reform Commission did not overstep its authority when it placed two amendments to the Florida Constitution on November's ballot. One ballot measure would amend Article 1, section 3, which is entitled "Religious Freedom" and the other ballot measure would amend Article IX, which is entitled "Public Education." The trial judge also ruled that the ballot title and summary describing each amendment give voters fair notice of what the amendments would do. Mr. Ford and other amendment opponents appealed the ruling and the First District Court of Appeal asked this Court to take the appeal immediately as a matter of great public importance.

Statewide impact

Fla. Dept. of State v. Beverly Slough

SC08-1569

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

Approx. 9:40

A trial judge ruled that an amendment to the Florida Constitution that was placed on November’s ballot by the state’s Taxation and Budget Reform Commission was misleading and did not adequately inform voters of the consequences of the amendment. Among other things, the amendment would make significant changes to the way Florida schools are funded. The state appealed the ruling and the First District Court of Appeal asked this Court to take the case immediately as a matter of great public importance.

Statewide impact

 

Florida Supreme Court Oral Arguments

Monday, September 8, 2008

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

Richard Henyard v. State of Florida

SC08-222 | SC08-1544

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

9:00

Mr. Henyard is scheduled to be executed Sept. 23. He was convicted of the murders of Jasmine and Jamilya Lewis, who were fatally shot after being kidnapped with their mother from a grocery store parking lot in 1993. The jury voted unanimously to recommend a death sentence for each murder and he was condemned. This Court upheld the convictions and sentences on direct appeal. A post-conviction challenge filed by Mr. Henyard in the trial court was rejected and this Court upheld that ruling. Other petitions were also rejected. In this case, Mr. Henyard makes various arguments, including claims of newly discovered evidence and issues relating to mental illness.

Lake County

Florida Supreme Court Oral Arguments

Tuesday, September 9, 2008

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

Gabby Tennis v. State of Florida

SC06-730

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

N/A

REMOVED FROM CALENDAR

Broward County

Frank J. Trytek v. Gale Industries, Inc.

SC07-1641

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

 

9:00

After Gale Industries damaged electrical wiring in the Tryteks' home, thecompany and Mr. and Mrs. Trytek disagreed over the cost of repairing the damage. Gale filed a construction lien for its original insulation work and broughtsuit to foreclose the lien. The Tryteks brought a counterclaim for the cost ofrepairs. After the offset of the Tryteks' counterclaim, Gale recovered only a smallportion of its lien. Both parties claimed to be the "prevailing party" and soughtattorney fees and costs. The trial court ruled that the Tryteks were the prevailingparty and awarded the Tryteks their fees and costs. Gale Industries appealed to theFifth District Court of Appeal. The 5th DCA overturned the trial court andcertified the issue to be one of great public importance warranting review by thisCourt.

Orange County

 

Florida Supreme Court Oral Arguments

Wednesday, September 10, 2008

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

Jodi Benjamin v. Tandem Healthcare, Inc.

SC07-2423

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

9:00

Marlene Gagnon, a nursing home resident, died after choking on some food. Ms. Benjamin, the personal representative of Ms. Gagnon's estate, sued the nursing home and sought records under a provision of the state constitution called "Patients' Right to Know." The nursing home refused, arguing that provision applied only to hospitals and doctors. The trial judge disagreed and ordered that the nursing home provide the records. However, the Fourth District Court of Appeal overturned that order. The 4th DCA also asked this Court to consider the issue as one of "great public importance."

Palm Beach County

Ricky Bradley v. State of Florida

SC08-196

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

Approx. 9:40

Mr. Bradley pleaded no contest to a charge of attempted felony murder and robbery with a firearm after shooting a woman at a bank ATM machine. He was sentenced to 20 years in prison under Florida's 10-20-life law, which spells out mandatory minimum sentences for possession and use of guns during certain serious crimes. Mr. Bradley challenged the sentence, arguing that the document detailing the charges did not allege that he fired the gun. Therefore, he argued, the sentence was improper. The trial court denied his motion, as did the Fifth District Court of Appeal.

Volusia County

 

Florida Supreme Court Oral Arguments

Thursday, September 11, 2008

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

Florida Growth Management Citizens’ Initative

SC08-318 | SC08-492

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

9:00

The Court considers a proposed amendment to the Florida Constitution for compliance with two requirements that citizen initiatives must satisfy to be placed on the ballot. One standard deals with the scope of the amendment: It must be limited to a single subject. The other standard deals with the ballot title and summary: They must fairly explain the amendment for voters. This citizen initiative gives voters a process for petitioning for a referendum on proposed changes to their local growth management plans. The Court also reviews a related statement of fiscal impact.

Statewide impact

Jackson-Shaw Co. v. Jacksonville Aviation Authority

SC07-2235

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

Approx. 9:40

Jackson-Shaw Company filed a federal lawsuit challenging a lease agreement between another private company and the Jacksonville Aviation Authority involving 328 acres of undeveloped land owned by the JAA. The lawsuit argued that the agreement violated the state constitution, which bans Florida governments from becoming joint owners with private companies or from pledging their credit to help private companies. The JAA argued that the development agreement was just a long-term lease and did not violate the state constitution. The federal trial court ruled the state constitution was not violated. On appeal, the 11th U.S. Circuit Court of Appeals concluded that before the case could be decided, this Court would have to settle the dispute over the scope of the state constitutional provision.

Duval County

Thomas William Rigterink v. State of Florida

SC05-2162

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

Approx. 10:30

Mr. Rigterink was convicted of the first-degree murder of Jeremy Jarvis and Allison Sousa, who were fatally stabbed in 2003. The jury voted 7-5 to recommend a death sentence for each murder and he was condemned. This is his direct appeal and he raises several issues.

Polk County

Florida Supreme Court Oral Arguments

Friday, September 12, 2008

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