Oral Argument Schedule & Briefs

Oral Argument Schedule & Briefs

October 4-8, 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, October 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

No cases scheduled

 

 

 

 

 

Florida Supreme Court Oral Arguments

Tuesday, October 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

Steven Richard Taylor v. State of Florida

SC09-1382 | SC10-143

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

 

 

 

 

 

9:00

Mr. Taylor was convicted of the first-degree murder of Alice Vest, who wassexually assaulted, beaten, stabbed and strangled in her home in September1990. The jury voted 10-2 to recommend a death sentence and the trial courtcondemned him. This Court upheld the sentence on direct appeal and Mr.Taylor filed a post-conviction challenge in trial court. It was denied and thisappeal followed. He raises various issues.

Duval County

 

 

Florida Supreme Court Oral Arguments

Wednesday, October 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

FEA v. Florida Department of Education

SC10-1784

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

 

 

 

 

 

 

 

9:00

This case involves a challenge to proposed Amendment 8, which the Legislaturevoted to put on the November ballot. Florida Education Association and othershave alleged that the ballot title and summary do not fairly describe the proposedamendment to Florida's Constitution. The trial court, however, ruled the ballot titleand summary were adequate and clear. This appeal followed.

 

Statetwide impact

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 charged with aggravated battery. He argued that he should not beprosecuted because he had been acting in self-defense. The trial court denied hismotion and he was convicted of felony battery. He appealed, arguing the trialcourt erred by not hearing evidence before ruling on his motion. The FourthDistrict Court of Appeal upheld the conviction but ruled its decision was inconflict with a decision from another District Court of Appeal.

Okeechobee County

The Bionetics Corp. V. Frank W. Kenniasty

SC09-1243

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

 

 

 

 

 

 

 

Approx. 10:30

A dispute over entitlement to attorney fees under s. 57.105 developed after TheBionetics Corp. successfully defended itself against a lawsuit filed by Mr.Kenniasty on behalf of clients. The trial judge ruled that Bionetics was owedattorney fees for three frivolous claims. However, the Fifth District Court ofAppeal overturned that ruling, finding that Bionetics had not complied with a newstate law that provided a "safe harbor" to losing parties if certain conditions weremet. This appeal followed.

Brevard County

 

 

Florida Supreme Court Oral Arguments

Thursday, October 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

 Charlie Crist v. Robert M. Ervin

SC10-1317 | SC10-1319

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

9:00

Mr. Ervin challenged the constitutionality of state laws that require portions offiling fees on civil court cases to be deposited into Florida's general revenue fund.They argued the laws are an unconstitutional tax and violate various constitutionalrights, including access to the courts. The trial court agreed that the laws wereunconstitutional. This appeal followed.

Statewide impact

 Erica Lynn Corey v. Michael James Corvey

SC10-164

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

Approx. 9:40

In this child-custody case, the trial court had entered an order denying the father'srequest for rotating custody. The Third District Court of Appeal overturned thatorder, citing a state law that provided for rotating custody if that was in the child'sbest interest. The mother filed this appeal, arguing that precedent in Florida courtsthat limits rotating custody to cases with exceptional circumstances was still ineffect.

Miami-Dade County

Michael Hernandez v. State of Florida

SC09-2225

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

Approx. 10:30

Mr. Hernandez was charged with first-degree murder in Miami-Dade County.After seeking a change of venue, he was tried and convicted in Orange County.His case was then sent back to Miami-Dade, where he was sentenced to life inprison. He appealed and sought to have the appeal heard in the Fifth District Courtof Appeal, which covers Orange County. The Third District Court of Appeal,which covers Miami-Dade, denied that request but agreed that its decision was inconflict with decisions from other DCAs.

Miami-Dade County

Michael Bradsheer v. Florida Dept. of Highway Safety& Motor Vehicles

SC09-2255

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

Approx. 11:10

Two drivers sued the Department of Highway Safety and Motor Vehicles after itsaid their driver licenses would be revoked if they did not install ignitioninterlocks on their cars. The trial court dismissed the lawsuit. The First DistrictCourt of Appeal affirmed that decision in part and reversed it in part, ruling thatsome issues might need to be explored at trial to be determined.

Statewide impact

 

 

 

Florida Supreme Court Oral Arguments

Friday, October 8, 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