Florida Supreme Court Oral Arguments

In 2016, voters approved an amendment to the state constitution to allow the use of marijuana for medical purposes. The Amendment requires the Department of Health to issue regulations to implement and enforce its safe use. In 2017, the Florida Legislature amended a Florida statute governing medical marijuana in relation to the constitutional Amendment. Florigrown and others filed a lawsuit in the trial court challenging the constitutionality of the statute. The trial court entered a...

Mr. McKenzie was sentenced to six months incarceration, two years community control, and three years probation for engaging in sexual activity with a child. After Mr. McKenzie completed his sentence, the State of Florida filed a notice to designate him as a sexual predator, and the trial court imposed the designation. Mr. McKenzie appealed to the Fifth District Court of Appeal arguing that the trial court did not have the authority to designate him as a sexual predator. The Fifth DCA agreed...

MRI Associates of Tampa submitted bills to State Farm for medical services provided to individuals insured under State Farm’s Personal Injury Protection (PIP) policy. MRI Associates of Tampa and State Farm disagreed on the amounts payable and the calculation method used to determine reasonable charges for reimbursement according to State Farm’s PIP policy and Florida law. The trial court ruled against State Farm and its calculation method. State Farm appealed to the Second District Court of...

The Attorney General has petitioned the Court to review a proposed citizens' initiative on the adult use of marijuana, asking whether it meets two legal requirements: (1) It contains only a single subject; and (2) It has a fair ballot summary. The Court will also consider whether a new law affects its review of the initiative. Case history can be found here.

Mr. Lawrence was charged with being a principal in the May 1998 first-degree murder of 18-year-old Jennifer Robinson, who was fatally shot. He pleaded guilty, the jury voted 11-1 to recommend a death sentence, and he was condemned. This Court upheld his sentence of death on direct appeal and subsequently affirmed the denial of his initial postconviction motion and denied his petition for writ of habeas corpus. Mr. Lawrence then filed a successive postconviction motion in the trial court...

Mr. Beamon pleaded guilty to the first-degree murder of a fellow inmate, Bruce Hunsicker, who was fatally stabbed and strangled at the Apalachee Correctional Institution in 2012. Mr. Beamon waived his right to a penalty phase jury trial and did not present mitigation evidence. The trial court sentenced Mr. Beaman to death. This is his direct appeal. Case history can be viewed here:...

Arch Insurance Company hired law firm Kubicki Draper to defend an insured party in an accounting malpractice case. The lawsuit settled within the policy limits. Arch Insurance Company then sued Kubicki Draper for legal malpractice, alleging that Kubicki Draper should have raised a statute of limitations defense in the original litigation and that the law firm’s failure to do so significantly increased the cost of the settlement. The trial court ruled that Arch Insurance Company did not have...

The Florida Bar filed a petition with this Court against TIKD Services LLC, a smartphone service used to challenge traffic tickets, and Mr. Christopher Riley, Executive Director of TIKD Services, for engaging in the unlicensed practice of law. Mr. Riley is not a member of the Bar and is not licensed to engage in the practice of law in Florida. Mr. Riley disputes the allegation and argues the services provided by TIKD do not constitute legal advice or services. The judge-referee appointed to...

This case involves the sale of a mausoleum cemetery business. Heritage Manor alleged that DFG unfairly induced the sale at less than fair market value by secretly coordinating with Heritage Manor’s former attorneys. The jury rejected the argument but awarded Heritage Manor $2 million in compensatory damages and more than $2 million in punitive damages. On appeal, the Fourth District Court of Appeal reversed both compensatory and punitive damage awards. Heritage Manor asked this Court for...

Ms. Marsh pleaded guilty to two counts each of driving under the influence (DUI) causing serious bodily injury and driving with license suspended (DWLS) causing serious bodily injury after she rear-ended another vehicle. The trial court sentenced her to five-year prison sentences on each count. Ms. Marsh appealed to the Second District Court of Appeal, claiming that convictions for both DUI with serious bodily injury and DWLS with serious bodily injury as to the same victim violate the...

In this attorney discipline case, The Florida Bar accused Mr. Payne of violating the ethical standards for lawyers, including misconduct in a real estate matter. The judge-referee recommends that this Court disbar Mr. Payne and require him to pay the Bar’s costs in the disciplinary proceedings. The Florida Bar supports that recommendation. Mr. Payne challenges the referee’s findings of fact in support of the referee’s conclusions as to guilt and the recommendation of disbarment. He argues...

Mr. Smith was convicted of the first-degree murders of Desmond Robinson, Berthum Gibson, and Keenethia Keenan, who were fatally shot in 2007. The jury recommended two death sentences: for the murder of Ms. Keenan by a vote of 10-2 and for the murder of Mr. Gibson by a vote of 8-4. The trial judge condemned Mr. Smith to death for those two murders and to life in prison for the murder of Mr. Robinson, and this Court upheld the sentences and convictions on direct appeal. Mr. Smith filed...

Mr. Colley was convicted of the first-degree premeditated and felony murders of Amanda Colley and Lindy Dobbins, who were fatally shot in 2015. The jury unanimously recommended a death sentence for both murders, and the trial court sentenced Mr. Colley to death. This is his direct appeal. You can find the case history here: http://onlinedocketssc.flcourts.org/DocketResults/CaseDocket?Searchtype=Case+Number&CaseTypeSelected=All&CaseYear=2018&CaseNumber=2014

Mr. Johnson appealed his criminal convictions, arguing that the trial court erred by not conducting the proper legal analysis in allowing a peremptory strike against an African-American juror. The Fourth District Court of Appeal agreed and granted Mr. Johnson a new trial, certifying conflict with the Second, Third, and Fifth Districts concerning the proper procedure for peremptory challenges. This Court accepted jurisdiction to resolve the conflict among the district courts. You can find...

Voters in November 2018 approved a one-cent surtax to fund county transportation projects in Hillsborough County. Mr. Emerson and Mr. White filed separate lawsuits in the trial court challenging the surtax. Mr. Emerson, a county resident, challenged the legality of the bond used to fund the projects. Mr. White, a County Commissioner, challenged the constitutionality of the tax, arguing it took power from county commissioners. The circuit court found the tax to be legal in part but severed...

Circuit Judge Robin Lemonidis has been summoned before the Court to receive a public reprimand for misconduct. Case history can be viewed here: http://onlinedocketssc.flcourts.org/DocketResults/CaseDocket?Searchtype=Case+Number&CaseTypeSelected=All&CaseYear=2019&CaseNumber=1302

The Attorney General has petitioned the Court to review a proposed citizens' initiative on assault weapons in Florida, asking whether it meets two legal requirements: (1) It contains only a single subject; and (2) It has a fair ballot summary. Case history can be viewed here: http://onlinedocketssc.flcourts.org/DocketResults/CaseDocket?Searchtype=Case+Number&CaseTypeSelected=All&CaseYear=2019&CaseNumber=1266

The Attorney General has petitioned the Court to review a proposed citizens' initiative on regulating marijuana similar to alcohol, asking whether it meets two legal requirements: (1) It contains only a single subject; and (2) It has a fair ballot summary. Case history can be viewed here: http://onlinedocketssc.flcourts.org/DocketResults/CaseDocket?Searchtype=Case+Number&CaseTypeSelected=All&CaseYear=2019&CaseNumber=1536

R.R. and other plaintiffs filed a lawsuit alleging multiple claims and stemming from allegations of sexual abuse of children. The lawsuit was filed against several defendants, including New Life Community Church of CMA, Inc., the employer of the individual accused of committing the misconduct. Although the trial court allowed certain claims to proceed, it denied others because the statute of limitations had expired. The Fifth District Court of Appeal agreed with the trial court but certified...

Mr. Craven was convicted of the 2015 first-degree murder of his cellmate, John Anderson, who was fatally stabbed at the Graceville Correctional Facility. The jury unanimously voted to recommend a death sentence, and the trial court condemned Mr. Craven to death. This is his direct appeal.