Supreme Court of Florida



Oral Argument Press Summaries

March 2-6, 1998

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.



Released Feb. 27, 1998. CHANGES: Major revisions throughout.

Satellite transmissions this week will include tape delayed broadcasts of the 1998 Pro Bono Awards 8 a.m. Monday, March 2,

and the Investiture of Barbara J. Pariente as the 77th Justice of the Court immediately after Monday's arguments end.

 

 

Robert Craig Waters, Director of Public Information

(850) 488-0007

Florida Supreme Court Oral Arguments

Monday, March 2, 1998

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

Max A. Goldfarb v. Marilyn Z. Daitch

No. 91,368

Briefs in this case RealAudio/RealVideo

9:00 Mrs. Daitch defaulted in a foreclosure of her home, resulting in a forced sale that produced a $50,000 surplus. She was unaware of this fact, and the money was deposited in the court registry. A third party allegedly learned about the money, approached Mrs. Daitch, and persuaded her to sign a power of attorney. With this, the third party used Mr. Goldfarb's services to obtain about $19,500 of the surplus, with the remainder going to Mrs. Daitch. When she learned what had happened, she hired an attorney who obtained a court order requiring Goldfarb to pay Mrs. Daitch the $19,500 plus her attorney's fees. Goldfarb appealed, and the Third District Court ruled for Mrs. Daitch and ordered Goldfarb to pay her appellate fees, too. Goldfarb appeals. Dade County

The Florida Bar v. Michael H. Weisser

No. 87,035

Briefs in this case RealAudio/RealVideo

Approx. 9:40 Weisser resigned from The Florida Bar under threat of discipline in 1991. In 1992 he allegedly began representing his son in litigation, resulting in charges that he had engaged in the unauthorized practice of law. A Bar referee has recommended his disbarment for a period of 10 years.

Miami

Dade County

Jeremiah Johnson v. State

No. 91,328

Briefs in this case not filed on disk RealAudio/RealVideo

Approx. 10:10 Johnson was the owner/driver of a car parked in a garage atop the Alba Business Building. The occupants of the car got out. One named Ryan was approached by an officer who asked him to take his hands from his pockets. Ryan emptied his pockets, revealing cannabis. Officers searched Johnson's car, found more drugs, and arrested him. The trial court suppressed the evidence, but the Fifth District reversed. Orange County

Calvin Jerome Johnson v. State

No. 88,986

Briefs in this case RealAudio/RealVideo

Approx. 10:50 Johnson was convicted and sentenced to death for the Dec. 30, 1994, murder of Willie Gaines at his home on Jacksonville's 21st Street. He also was convicted of the attempted murder of Gaines' son. This is his direct appeal.

Jacksonville

Duval County

Florida Supreme Court Oral Arguments

Tuesday, March 3, 1998

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
LEGISLATURE CONVENES NO CASES SCHEDULED




IMPORTANT NOTE: Legislative sessions from today forward may preempt some live broadcasts of Supreme Court arguments. Times when this may happen cannot be predicted. Whenever arguments are preempted, they will be rebroadcast tape-delayed via satellite the same day, wherever possible. If you need to know when to downlink the feed, contact Erin Cleghorn at WFSU in Tallahassee (850) 487-3170 Ext. 347.



Florida Supreme Court Oral Arguments

Wednesday, March 4, 1998

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

Peter Warren Kenny v. Robert A. Butterworth

Nos. 92,331 & 92,343

Briefs in this case not filed on disk

RealAudio/RealVideo

9:00 On behalf of several death row inmates, the new Capital Collateral Counsel for the Southern District, Mr. Kenny, has a federal civil suit pending challenging the electric chair as cruel and unusual punishment. Butterworth intervened on grounds Kenny is prohibited by statute from filing civil suits. Kenny asks the Court to stop Butterworth from intervening, and Butterworth asks the Court to order Kenny to stop spending resources on civil suits. Kenny meanwhile has moved to withdraw as counsel for certain inmates on grounds that legislators threatened to cut his funding for the way he handled cases.

Charlotte County (Raleigh Porter), Duval (Leo Jones), Hillsborough (Milford Byrd), Marion (Daniel Remeta), Orange (Judy Buenoano), & Volusia (Roy Swafford)

Statewide impact

Daniel Eugene Remeta v. State

No. 92,411

Briefs in this case not filed on disk

RealAudio/RealVideo

Approx. 9:40 The Capital Collateral Regional Counsel's office, Southern District, moved to withdraw as Remeta's attorney. (See above case.) The trial court denied the request, and Remeta appeals the denial. Marion County

Dept. of Legal Affairs v. Bradenton Group, Inc.

Nos. 91,712 & 92,084

Briefs in this case RealAudio/RealVideo

Approx. 10:10 The Attorney General sued Bradenton Group and others for allegedly operating illegal bingo facilities in Central Florida. Suit was brought under state racketeering statutes. Though these statutes do not specifically mention bingo, they allow a lawsuit for operating illegal "lotteries." When the trial court issued an injunction against these businesses, they appealed to the Fifth District Court, which ruled that bingo can be considered a kind of "lottery." The businesses appeal. Orange County

Brandy Bain Jennings v. State

No. 89,550

Briefs in this case RealAudio/RealVideo

Approx. 10:50 Jennings was convicted and sentenced to death on each of three murder counts for the slaying of three employees at a Naples Cracker Barrel restaurant, Dorothy Siddle, Vickie Smith, and Jason Wiggins, on Nov. 15, 1995. This is his direct appeal.

Naples

Collier County

Florida Supreme Court Oral Arguments

Thursday, March 5, 1998

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

State v. Judy Buenoano

No. 92,442

Briefs in this case not filed on disk

RealAudio/RealVideo

9:00 Judy Buenoano is tentatively scheduled to be executed March 30, 1998, for murdering her husband Sergeant James E. Goodyear in 1971. She was previously tried and convicted of separate but related crimes in Escambia and Santa Rosa Counties, including the 1980 murder of her son Michael Goodyear. (This cases involves public records law, but briefs were not available at press time.)

Orange County

Escambia/Santa Rosa Connection

Gregory Alan Kokal v. State

Nos. 73,102 & 90,622

Briefs for 73102
Briefs for 90622

RealAudio/RealVideo

Approx. 9:40 Kokal was convicted and sentenced to death for the gunshot slaying of a hitchhiker, Jeffrey Russell, at the beach at Hanna Park Recreational Facility in September 1983. His sentence was upheld on appeal. He now challenges the validity of his sentence. Duval County

Joshua Nelson v. State

No. 89,540

Briefs in this case RealAudio/RealVideo

Approx. 10:30 Nelson was convicted and sentenced to death for the murder of Thomas Owens, whom he allegedly lured to a remote part of Cape Coral on March 10, 1995, to steal a car and $80.00. This is his direct appeal.

Cape Coral

Lee County

Richard Gossard v. Adia Services, Inc.

No. 91,389

Briefs in this case RealAudio/RealVideo

Approx. 11:30 Gossard and others bought an exclusive franchise to operate a temporary nursing business on Florida's West Coast. In 1988 the franchisor, Adia bought a competing company in the area. Gossard sued on grounds this violated his exclusive franchise. The federal trial judge ruled for Adia. On appeal, the federal Eleventh Circuit certified the question to the Florida Supreme Court for resolution. Tampa Bay Area

Arturo Benedith v. State

No. 89,368

Briefs in this case RealAudio/RealVideo

Approx. 12:10 Benedith was convicted and sentenced to death for the murder of John Shires near the Colonial Motel in Melbourne on May 5, 1993, allegedly so he could steal the victim's car. This is his direct appeal.

Melbourne

Brevard County

Florida Supreme Court Oral Arguments

Friday, March 6, 1998

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

Dept. of Legal Affairs v. Bradenton Group, Inc.

Nos. 91,712 & 92,084

N/A

THIS CASE MOVED TO MARCH 4

NO CASES SCHEDULED TODAY

Orange County