Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

August 30-September 3, 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, June 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

 

 

 

 

 

Florida Supreme Court Oral Arguments

Tuesday, August 31, 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

Inquiry Concerning a Judge: Ralph E. Eriksson

SC07-1648

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

 

 

 

 

9:00

County Judge Ralph E. Eriksson has been summoned before the Court to receivea public reprimand for ethical misconduct.

Seminole County

Nelson Serrano v. State of Florida

SC07-1434

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

Approx. 9:10

Mr. Serrano was convicted of the first-degree murders of George Gonsalves, FrankDosso, George Patisso and Diane Patisso, who were fatally shot in 1997. The juryvoted 9-3 to recommend a death sentence for each murder and the trial courtcondemned him. This is his direct appeal. He raises several issues.

Polk County

John Troy v. State of Florida

SC09-526

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

Approx. 10:10

Mr. Troy was convicted of the first-degree murder of Bonnie Carroll, who wasfatally stabbed and beaten in 2001. The jury voted 11-1 to recommend a deathsentence and the trial court condemned him. This Court upheld the sentence ondirect appeal and Mr. Troy filed a post-conviction challenge in trial court. It wasdenied and this appeal followed. He raises various issues.

Sarasota County

State of Florida v. Michelle Bowers

SC09-1971

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

Approx. 10:50

Ms. Bowers was charged with DUI and drug charges after a traffic stop. Thecounty court granted her motion to suppress the evidence against her. On appeal,the circuit court, relying on a decision of the Fourth District Court of Appeal,overturned the trial court. Ms. Bowers filed a petition for second-tier certiorarireview in the Second District Court of Appeal, which granted the petition andreversed the circuit court. The state sought review of the decision of the 2nd DCAto this Court.

Lee County

Westgate Miami Beach, Ltd. v. Newport Operating Corp.

SC09-1881

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

Approx. 11:30

Westgate was awarded $5 million in a lawsuit against Newport. The trial judgealso ruled that Westgate was entitled to interest on the award but did notimmediately calculate the amount. On appeal, the Third District Court of Appealupheld the award. Newport then argued in the trial court that Westgate was nolonger entitled to interest because the interest should have been calculated beforethe appeal. The trial court agreed with Newport. The 3rd DCA upheld thatdecision but asked this Court to review the issue.

Miami-Dade County

 

 

Florida Supreme Court Oral Arguments

Wednesday, September 1, 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

Jonathan Greenfield v. Dorothea Daniels

SC09-1675 | SC09-1676

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

 

 

 

 

 

 

9:00

Ms. Daniels filed a wrongful death lawsuit against Dr. Greenfield and St. Mary'safter her son committed suicide following his discharge from St. Mary's. She listeda minor child as a survivor but the trial court dismissed the lawsuit because of adispute over the child's paternity. The Fourth District Court of Appeal overturnedthat decision. Dr. Greenfield and St. Mary's appealed to this Court, arguing the 4thDCA opinion is in conflict with a decision by the 5th DCA.

 

Palm Beach County

Andrew Richard Allred v. State of Florida

SC08-2354

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

 

 

 

 

 

 

 

Approx. 9:40

Mr. Allred pleaded guilty to the first-degree murders of Tiffany Barwick andMichael Ruschak, who were fatally shot in 2007. He waived his right to have ajury for his penalty hearing, and the trial court condemned him to death for eachmurder. This is his direct appeal. He raises several issues.

Seminole County

William Francis Silvia v. State of Florida

SC09-220

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

 

 

 

 

 

 

Approx. 10:40

Mr. Silvia was convicted of the first-degree murder of his estranged wife, PatriciaSilvia, who was fatally shot in 2006. The jury voted 11-1 to recommend a deathsentence and the trial court condemned him. This is his direct appeal. He raisesseveral issues.

Seminole County

Mark Henry v. Runner O. Santana

SC09-1027

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

Approx. 11:40

The trial court denied a habeas corpus petition filed by Mr. Santana, who hadargued he was entitled to immediate release from prison because of credit for timehe had served in custody. The court ruled that Mr. Santana had not exhausted hisadministrative options before filing his habeas petition. The First District Court ofAppeal overturned that ruling and the state appealed to this Court, arguing the 1stDCA decision is in conflict with decisions by other DCAs.

Jackson County

 

 

Florida Supreme Court Oral Arguments

Thursday, September 2, 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

Michael Coleman v. State of Florida

SC04-1520 | SC09-92

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

9:00

Mr. Coleman was convicted of the 1988 first-degree murders of Derek Hill,Morris Alphonso Douglas, Michael McCormick and Mildred Baker. Three ofthe victims were fatally shot and stabbed; one died from a gunshot. The juryvoted 6-6 to recommend life in prison but the trial court condemned Mr.Coleman to death. This Court upheld the sentences on direct appeal and Mr.Coleman filed a post-conviction challenge in trial court. It was denied and thisappeal followed. Mr. Coleman raises various issues.

Escambia County

Ramiro Companioni, Jr. v. City of Tampa

SC09-1800

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

Approx. 9:40

A jury awarded Mr. Companioni a substantial amount after he was injured in atraffic crash involving his motorcycle and a Tampa city truck. Following theverdict, the City moved for a new trial, arguing that the trial was unfair in partbecause of the conduct of Mr. Companioni's attorney. The trial court denied themotion. The Second District Court of Appeal reversed, holding that the trialcourt used the wrong standard to evaluate the City's motion for a new trial. ThisCourt granted review based upon express and direct conflict of decisions.

Hillsborough County

William Cox v. St. Josephs Hospital

SC09-1771

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

Approx. 10:30

Mr. Cox sued St. Joseph's Hospital and an ER physician for medicalmalpractice following his treatment for a stroke. A jury found in favor of Mr.Cox and the health care providers appealed to the Second District Court ofAppeal, which reversed the verdict. The appeal to this Court followed.

Hillsborough County

Board of Commissioners of Collier County v. Dwight E. Brock

SC09-2190

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

Approx. 11:10

In a dispute between the Collier County Clerk of Court and the Collier County Board of County Commissioners, the trial court ruled in favor of the Board, finding that the Clerk had overstepped his constitutional and statutory authority as county auditor. The Clerk appealed to the Second District Court of Appeal, which overturned the trial court. The appeal to this court followed.

Chief Justice Canady is recused.

Collier County

 

 

 

Florida Supreme Court Oral Arguments

Friday, September 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

No cases scheduled