Florida Supreme Court Decisions 2014

IN RE: CERTIFICATION OF NEED FOR ADDITIONAL JUDGES
Date: December 22, 2014
Docket Number: SC14-2350
The Florida Bar v. Daniel Gary Gass
Date: December 18, 2014
Docket Number: SC12-937
The Florida Bar v. David Frank Petrano
Date: December 18, 2014
Docket Number: SC13-2004
In Re: Amendments to the Florida Rules of Appellate Procedure
Date: December 18, 2014
Docket Number: SC14-227
In Re: Amendments to the Florida Family Law Rules of Procedure
Date: December 18, 2014
Docket Number: SC14-236
In Re: Amendments to Florida Rule of Judicial Administration 2.420
Date: December 18, 2014
Docket Number: SC14-569
McKenzie v. State  
Date: December 11, 2014
Docket Numbers: SC12-986, SC12-2349

Justia Opinion Summary: After a jury trial, Norman McKenzie was convicted of two counts of first-degree murder. The trial court sentenced McKenzie to death for the murders. The Supreme Court affirmed the convictions and sentences. McKenzie late...

Wade v. State  
Date: December 11, 2014
Docket Number: SC13-1003

Justia Opinion Summary: Appellant was convicted of two counts of first-degree murder, two counts of kinapping, and two counts of robbery. The trial court imposed two sentences of death for each murder. The Supreme Court affirmed on appeal. Appe...

McDade v. State  
Date: December 11, 2014
Docket Number: SC13-1248

Justia Opinion Summary: After a jury trial, Defendant was convicted of several sexual offenses after his stepdaughter reported that Defendant had been sexually abusing her since she was ten years old. On appeal, Defendant argued that the trial...

In Re: Standard Jury Instructions in Criminal Cases
Date: December 11, 2014
Docket Number: SC13-1733
In Re: Amendments to the Florida Rules of Civil Procedure
Date: December 11, 2014
Docket Number: SC13-2384
Blake v. State  
Date: December 4, 2014
Docket Numbers: SC12-2102, SC13-1065

Justia Opinion Summary: Appellant was convicted of first-degree murder, attempted armed robbery, and grand theft of a motor vehicle. The trial court imposed a sentence of death for the murder conviction. The Supreme Court affirmed on appeal. Ap...

Morales v. Zenith Ins. Co.  
Date: December 4, 2014
Docket Number: SC13-696

Justia Opinion Summary: Santana Morales died while working for Lawns Nursery and Irrigation Designs, Inc. (Lawns). Thereafter, Lawns’ surviving spouse entered into a workers’ compensation settlement agreement with Lawns and Zenith Insurance Com...

In Re: Standard Jury Instructions in Criminal Cases
Date: November 26, 2014
Docket Number: SC13-1914
Fla. Dep’t of Bus. & Prof’l Regulation v. Debary Real Estate Holdings, LLC  
Date: November 26, 2014
Docket Numbers: SC13-968, SC13-1028

Justia Opinion Summary: Fla. Stat. 550.054(14)(a), effective July 1, 2010, sets forth the standards a holder of a permit to conduct jai alai must meet to convert the permit to a permit to conduct greyhound racing in lieu of jai alai. Two busine...

In Re: Amendments To Florida Rule of Judicial Administration 2.520
Date: November 26, 2014
Docket Number: SC14-721
Milton v. State  
Date: November 20, 2014
Docket Number: SC11-1338

Justia Opinion Summary: Defendant was convicted of three counts of attempted felony murder, which were predicated upon the underlying felony of attempted second-degree murder. As to each separate count, Defendant’s sole act was the discharge of...

Florida Board of Bar Examiners Re: J.R.B.
Date: November 20, 2014
Docket Number: SC14-759
Clark v. Crews  
Date: November 20, 2014
Docket Number: SC14-866

Justia Opinion Summary: In 2001, Petitioner was convicted for one count of first-degree murder and one count of home invasion robbery and sentenced to life imprisonment on the murder conviction. Since 2006, Petitioner filed at least twenty-thre...

Special v. W. Boca Med. Ctr.  
Date: November 13, 2014
Docket Number: SC11-2511

Justia Opinion Summary: After Susan Special died following the delivery of her son, Frank Special, Susan’s husband and the personal representative of his wife’s estate, filed a negligence lawsuit against Dr. Ivo Baux, Baux’s related corporation...

In Re: Amendments to Florida Rule of Appellate Procedure 9.130
Date: November 13, 2014
Docket Number: SC13-1493
Citrus County Hosp. Bd. v. Citrus Memorial Health Found., Inc.  
Date: November 13, 2014
Docket Number: SC13-411

Justia Opinion Summary: Due to a dispute between the Citrus County Hospital Board and the Citrus Memorial Health Foundation, Inc., the Legislature enacted a special law that reeancted the Board’s charter. Section 16 of the charter included subs...

Beach Cmty. Bank v. City of Freeport  
Date: November 13, 2014
Docket Number: SC13-455

Justia Opinion Summary: Beach Community Bank filed an action against the City of Freeport. The City moved to dismiss the complaint pursuant to the doctrine of sovereign immunity. The trial court entered a nonfinal order finding that the City wa...

Bainter v. League of Women Voters of Fla.  
Date: November 13, 2014
Docket Number: SC14-1200

Justia Opinion Summary: In 2012, individuals and groups challenging the constitutional validity of a 2012 congressional redistricting plan issued a subpoena duces tecum to Pat Bainter, the president of Data Targeting, Inc., a political consulti...

Nadia Garcon, et al. v. Florida Agency for Health Care Administration
Date: November 6, 2014
Docket Number: SC12-2406
Inquiry Concerning Judge Susan B. Flood  
Date: November 6, 2014
Docket Number: SC14-1364

Justia Opinion Summary: This action arose from an in appropriate relationship between Judge Susan B. Flood, Polk County Judge, and her bailiff. The Florida Judicial Qualifications Commission (JQC) found that Judge Flood’s conduct violated Canon...

In Re: Amendments to Florida Probate Rule 5.590
Date: November 6, 2014
Docket Number: SC14-1972
In Re: Amendments to the Florida Rules of Appellate Procedure
Date: November 6, 2014
Docket Number: SC14-227
Banks v. State  
Date: November 3, 2014
Docket Number: SC14-2026

Justia Opinion Summary: Appellant pleaded no contest to two counts of first-degree murder and one count of sexual battery on a child under the age of twelve. After a capital penalty-phase trial, the trial court sentenced Appellant to death for...

Inquiry Concerning Judge Judith W. Hawkins  
Date: October 30, 2014
Docket Number: SC12-2495

Justia Opinion Summary: The hearing panel of the Florida Judicial Qualifications Commission determined that Judge Judith W. Hawkins, a county judge in the Second Judicial Court, had committed a series of violations of the Code of Judicial Condu...

Lomax v. Taylor  
Date: October 30, 2014
Docket Number: SC13-1415

Justia Opinion Summary: Since 2004, Petitioner had initiated forty-three cases other than the instant case that had been denied, transferred, or dismissed. In this case, Petitioner filed a petition for a writ of mandamus. The Supreme Court dism...

In Re: Amendments to The Florida Rules of Judicial Administration
Date: October 30, 2014
Docket Number: SC14-219
Travelers Commercial Ins. Co. v. Harrington  
Date: October 23, 2014
Docket Number: SC12-1257

Justia Opinion Summary: Crystal Harrington was injured in a single-car accident while riding as a passenger in a car owned by her father but driven by Joey Williams, a non-family member. The vehicle was insured by Travelers Commercial Insurance...

Parker v. Bd. of Trs.  
Date: October 23, 2014
Docket Number: SC13-890

Justia Opinion Summary: Petitioner, a retired Tampa firefighter, filed a class action complaint against the Board of Trustees of the City Pension Fund for Firefighters and Police Officers in the City of Tampa (Board), claiming that the Board fa...

Tracey v. State  
Date: October 16, 2014
Docket Number: SC11-2254

Justia Opinion Summary: At issue in this case was whether the use of real time cell site location information to track a defendant violates the Fourth Amendment if probable cause was not provided to access and use that information. Defendant mo...

Warmington v. State  
Date: October 16, 2014
Docket Number: SC12-1050

Justia Opinion Summary: After a jury trial, Defendant was found guilty of theft of an amount greater than $20,000 but less than $100,000. Defendant appealed the denial of his motion for a mistrial, arguing that testimony elicited by the State d...

LaFave v. State  
Date: October 16, 2014
Docket Number: SC12-2232

Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded guilty to two counts of lewd or lascivious battery. The circuit court sentenced Defendant to community control to be followed by seven years of sex offender probation. As a...

Dougherty v. State  
Date: October 16, 2014
Docket Number: SC12-2365

Justia Opinion Summary: Defendant was charged with several offenses, but the trial court entered an order declaring Defendant incompetent to proceed to trial. The trial court later held a competency hearing, during which defense counsel stipula...

Inquiry Concerning Judge Sandy K. Kautz ((SC13-2262 Inquiry Concerning a Judge, No. 13-17 Re: Sandy K. Kautz))  
Date: October 16, 2014
Docket Number: SC13-2262

Justia Opinion Summary: The Florida Judicial Qualifications Commission (JQC) served a notice of investigation on Circuit Judge Sandy Kautz pursuant to Rule 6(b) of the FLorida Judicial Qualifications Commissions Rules. The judge entered into a...

State of Florida v. Michael Perez
Date: October 16, 2014
Docket Number: SC13-1958
Inquiry Concerning a Judge, No. 1317 Re: Sandy K. Kautz
Date: October 16, 2014
Docket Number: SC13-2262
State v. Mosley  
Date: October 16, 2014
Docket Number: SC13-704

Justia Opinion Summary: After a jury trial, Defendant was convicted of lewd and lascivious molestation of a person younger than sixteen and aggravated stalking of a minor under the age of sixteen. Defendant was sentenced as a prison releasee re...

Whitton v. State  
Date: October 9, 2014
Docket Number: SC12-2522

Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree murder and sentenced to death. The Supreme Court affirmed Defendant’s convictions and sentences on appeal. Defendant later filed a motion for postconviction rel...

Huggins v. State  
Date: October 9, 2014
Docket Number: SC12-2161

Justia Opinion Summary: Appellant was convicted of murder and sentenced to death. The trial court subsequently ordered a new trial, after which Appellant was again convicted of murder and sentenced to death. Appellant later filed a postconvicti...

Bryant v. State  
Date: October 9, 2014
Docket Number: SC12-1507

Justia Opinion Summary: Defendant was found guilty of felony petit theft and sentenced to five years in prison. Defendant’s offense was subject to the Criminal Punishment Code, but Defendant was entitled to a nonstate prison sanction unless the...

John Steven Huggins v. Michael D. Crews, etc.
Date: October 9, 2014
Docket Number: SC12-2161
Gary Richard Whitton v. Michael D. Crews, etc.
Date: October 9, 2014
Docket Number: SC12-2522
Davis v. State  
Date: October 9, 2014
Docket Number: SC13-6

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder, kidnapping, and sexual battery. Defendant was sentenced to death for the murder conviction. On appeal, Defendant challenged only the propriety of the de...

Anucinski v. State  
Date: September 24, 2014
Docket Number: SC12-1281

Justia Opinion Summary: Defendant was charged with one count each of grand theft and dealing in stolen property. Defendant executed a plea of guilty or no contest as to both offenses, and the trial court adjudicated Defendant of both offenses....

Martin v. State  
Date: September 24, 2014
Docket Number: SC12-1762

Justia Opinion Summary: Defendant was convicted of first-degree murder and sentenced to death. The Supreme Court affirmed Defendant’s conviction and sentence, holding (1) the trial court properly considered in mitigation Defendant’s IQ score in...

Leftwich v. Fla. Dep’t of Corr.  
Date: September 18, 2014
Docket Number: SC12-2669

Justia Opinion Summary: In 1989, Petitioner was sentenced to terms of incarceration for robbery and aggravated battery convictions. Neither of those sentences was imposed under the habitual offender statute. While incarcerated, Petitioner was c...

Plott v. State  
Date: September 18, 2014
Docket Number: SC12-922

Justia Opinion Summary: Petitioner was convicted of four counts of armed sexual battery and ultimately sentenced to four life sentences as upward departure sentences. The second district affirmed Petitioner’s four life sentences. Petitioner lat...

Fla. Virtual Sch. v. K12, Inc.  
Date: September 18, 2014
Docket Number: SC13-1934

Justia Opinion Summary: The Florida Virtual School sued K12, Inc. and K12, Florida, LLC (collectively, K12) for trademark infringement. K12 asserted that the Florida Virtual School had no standing because the authority to file an action with re...

Smith v. State  
Date: September 11, 2014
Docket Number: SC13-4

Justia Opinion Summary: After a jury trial, Appellant was convicted of the kidnapping, capital sexual battery, and first-degree murder of an eleven-year-old girl. The trial court sentenced Appellant to death for the murder. The Supreme Court af...

In Re: Standard Jury Instructions in Criminal Cases Report No. 201402
Date: September 11, 2014
Docket Number: SC14-364
State v. Sirota  
Date: September 4, 2014
Docket Number: SC12-1683

Justia Opinion Summary: In Sirota v. State, the court of appeal certified a question to the Supreme Court regarding the scope and proper application of the Court’s decision in Morgan v. State. Thereafter, the Supreme Court decided Alcorn v. Sta...

Sheppard v. State  
Date: September 4, 2014
Docket Number: SC12-890

Justia Opinion Summary: Appellant was convicted and sentenced to death for the first-degree murder of Monquell Wimberly. Appellant was also convicted of the first-degree felony murder of Patrick Stafford, for which Stafford was sentenced to lif...

Bailey v. State  
Date: August 28, 2014
Docket Number: SC12-1041

Justia Opinion Summary: Appellant was convicted of first-degree murder in the shooting death of a law enforcement officer, which occurred after the officer stopped Appellant for a traffic infraction. The jury recommended that the death penalty...

William James Deparvine v. Michael D. Crews, etc. Revised Opinion
Date: August 28, 2014
Docket Number: SC12-2124
Deparvine v. State  
Date: August 28, 2014
Docket Numbers: SC12-2124, SC12-407

Justia Opinion Summary: After a jury trial, Appellant was convicted of two counts of first-degree murder and one count of armed carjacking. The trial court sentenced Appellant to death. The Supreme Court affirmed Appellant’s convictions and sen...

In Re: Standard Jury Instructions in Criminal Cases Report No. 201303
Date: August 28, 2014
Docket Number: SC13-1254
Citizens of the State of Fla. v. Pub. Serv. Comm’n  
Date: August 28, 2014
Docket Number: SC13-144

Justia Opinion Summary: Florida Power & Light (FPL) filed an application for a rate base increase. Three intervenors to the proceedings and FPL reached a negotiated settlement agreement. After evidentiary hearings pertaining exclusively to the...

In Re: Standard Jury Instructions in Criminal Cases Report No. 201306
Date: August 28, 2014
Docket Number: SC13-1914
Darious Wilcox v. State of Florida
Date: July 10, 2014
Docket Number: SC11-1017
Darious Wilcox v. State of Florida (Notice of Correction)
Date: July 10, 2014
Docket Number: SC11-1017
Visiting Nurse Ass’n of Fla., Inc. v. Jupiter Med. Ctr., Inc.  
Date: July 10, 2014
Docket Number: SC11-2468

Justia Opinion Summary: In this contract dispute between a home health care agency, Visiting Nurse Association of Florida, Inc. (VNA), and a hospital, Jupiter Medical Center, Inc. (JMC), an arbitration panel granted VNA damages. JMC filed a mot...

Saunders v. Dickens  
Date: July 10, 2014
Docket Number: SC12-2314

Justia Opinion Summary: Walter Saunders and his wife, Ruby Saunders, sued Dr. Willis Dickens, a neurologist, filed a failure to diagnose action against Dickens after Saunders developed quadriplegia from his condition. Saunders died during the p...

MDS (Canada) Inc. v. Rad Source Techs., Inc.  
Date: July 10, 2014
Docket Number: SC13-1215

Justia Opinion Summary: At issue in this case was whether Florida law recognizes a “bright-line rule” that distinguishes an assignment from a sublicense. This complex commercial litigation involved an agreement wherein a licensee transferred it...

Robertson v. State  
Date: July 10, 2014
Docket Number: SC13-443

Justia Opinion Summary: The appellate counsel of Defendant, a prisoner under a sentence of death, requested that the Supreme Court depart from its established procedure for requiring counsel to proceed with diligent appellate advocacy during ma...

In re: Amendments to the Florida Evidence Code
Date: July 10, 2014
Docket Number: SC13-98
Davis v. State  
Date: July 7, 2014
Docket Number: SC14-1178

Justia Opinion Summary: Appellant, a prisoner under a sentence of death for whom a death warrant had been signed, filed a successive motion for postconviction relief raising an as-applied challenge to Florida’s lethal injection protocol based o...

England v. State  
Date: July 3, 2014
Docket Number: SC11-2038

Justia Opinion Summary: After a jury trial, Richard England was found guilty of first-degree premeditated murder and felony murder and robbery with a deadly weapon. The trial court sentenced Petitioner to death. England later filed a petition f...

State of Florida v. Thomas D. Woodel (Notice of Correction)
Date: July 3, 2014
Docket Number: SC12-132
State v. Woodel  
Date: July 3, 2014
Docket Number: SC12-132

Justia Opinion Summary: Appellant was convicted after a jury trial for the first-degree murders of an elderly couple, whom he cut and stabbed. Sentences of death were imposed for both murders, but the case returned to the circuit court. After a...

State v. Teamer  
Date: July 3, 2014
Docket Number: SC13-318

Justia Opinion Summary: Defendant was charged with drug trafficking and possession after the vehicle he was driving was stopped by a deputy sheriff who had noticed an inconsistency between the actual color of the vehicle and the color indicated...

Poole v. State  
Date: June 26, 2014
Docket Number: SC11-1846

Justia Opinion Summary: Appellant was convicted of first-degree murder, attempted first-degree murder, and related crimes. The jury recommended that Appellant be sentenced to death, and the judge followed the jury’s recommendation. On appeal, t...

Peterson v. State  
Date: June 26, 2014
Docket Numbers: SC12-1442, SC13-47

Justia Opinion Summary: After a jury trial, Charles Peterson was convicted of first-degree murder and sentenced to death. The Supreme Court affirmed the conviction and sentence. Peterson subsequently filed a postconviction motion in the circuit...

Hildwin v. State  
Date: June 26, 2014
Docket Number: SC12-2101

Justia Opinion Summary: Appellant was convicted of first-degree murder and sentenced to death. In the guilt phase of Appellant’s trial, the State introduced a pair of women’s underwear and a white washcloth, both of which were found at the crim...

Inquiry Concerning a Judge, No. 12551 Re: Debra L. Krause
Date: June 26, 2014
Docket Number: SC13-2263
In re: Standard Jury Instructions in Criminal Cases Instruction 8.25
Date: June 26, 2014
Docket Number: SC13-2453
Charles C. Peterson v. Michael D. Crews, etc.
Date: June 26, 2014
Docket Number: SC13-47
Robert Lundberg v. State of Florida
Date: June 26, 2014
Docket Number: SC13-66
Duckett v. State  
Date: June 26, 2014
Docket Number: SC13-719

Justia Opinion Summary: Appellant murdered an eleven-year-old girl while on duty as a police officer. After a jury trial, Appellant was convicted of sexual battery and first-degree murder. The trial court sentenced Appellant to death after find...

of Correction
Date: June 19, 2014
Docket Number: Notice
of Clarification
Date: June 19, 2014
Docket Number: Order
Carl Dausch v. State of Florida
Date: June 19, 2014
Docket Number: SC12-1161
Carl Dausch v. State of Florida (Notice of Correction)
Date: June 19, 2014
Docket Number: SC12-1161
City of Orlando, Florida v. Michael Udowychenko, etc., et al.
Date: June 19, 2014
Docket Number: SC12-1471
Richard Masone v. City of Aventura
Date: June 19, 2014
Docket Number: SC12-644
State v. Chubbuck  
Date: June 19, 2014
Docket Number: SC12-657

Justia Opinion Summary: Respondent pleaded guilty to drug-related offenses. After Respondent violated the conditions of his probation, the trial court revoked his probation and sentenced him to ninety-six days in jail with ninety-six days credi...

Derrick McLean v. Michael D. Crews, etc.
Date: June 19, 2014
Docket Number: SC13-1788
In Re: Amendments to Florida Rule of Criminal Procedure 3.852
Date: June 19, 2014
Docket Number: SC13-2295
McLean v. State  
Date: June 19, 2014
Docket Numbers: SC13-632, SC13-1788

Justia Opinion Summary: Appellant was convicted of first-degree murder and sentenced to death. Appellant’s conviction and death sentence were affirmed on direct appeal. Appellant subsequently filed a motion for postconviction relief, asserting...

Henry v. State  
Date: June 19, 2014
Docket Number: SC14-1053

Justia Opinion Summary: After a retrial, Appellant was convicted of the first-degree murder of his second wife. After an unsuccessful appeal and the denials of Appellant’s petitions for postconviction and habeas relief, the Governor signed a de...

John Ruthell Henry v. State (Notice of Correction)
Date: June 19, 2014
Docket Number: SC14-1053
The Florida Bar v. Kathleen M. P. Davis
Date: June 12, 2014
Docket Number: SC11-1817
Dausch v. State  
Date: June 12, 2014
Docket Number: SC12-1161

Justia Opinion Summary: Adrien Mobley was murdered in 1987, and for fifteen years, the case languished. DNA testing finally led investigators to Defendant. After a jury trial in 2011, Defendant was convicted of the murder and aggravated battery...

Bush v. Crews  
Date: June 12, 2014
Docket Number: SC12-1410

Justia Opinion Summary: In 2002, Petitioner was convicted of first-degree murder and sentenced to life imprisonment. Following his unsuccessful appeal, Petitioner filed numerous postconviction claims and extraordinary writs, all without success...

City of Orlando, Florida v. Michael Udowychenko, etc., et al.
Date: June 12, 2014
Docket Number: SC12-1471
Masone v. City of Aventura  
Date: June 12, 2014
Docket Number: SC12-644

Justia Opinion Summary: In 2010, the legislature amended state law to preempt regulation of red light cameras to the state. At issue in these consolidated cases was whether pre-2010 municipal ordinances imposing penalties for red light violatio...

Abdool v. Bondi  
Date: June 12, 2014
Docket Number: SC13-1123

Justia Opinion Summary: Petitioners, inmates under a sentence of death, challenged the facial validity of four provisions of the Timely Justice Act of 2013, which was enacted to “reduce delays in capital cases and to ensure that all appeals and...

Henry v. State  
Date: June 12, 2014
Docket Number: SC14-1053

Justia Opinion Summary: Defendant was convicted of the 1985 first-degree murder of his wife. The trial court sentenced Defendant to death. The Supreme Court affirmed Defendant’s conviction and sentence. After Defendant’s postconviction motion a...

The Florida Bar v. Ana I. Gardiner
Date: June 5, 2014
Docket Number: SC11-2311
Ray Jackson v. State of Florida
Date: June 5, 2014
Docket Number: SC12-1159
State of Florida v. Thomas D. Woodel
Date: June 5, 2014
Docket Number: SC12-132
Dean Kenneth Rockmore v. State of Florida
Date: June 5, 2014
Docket Number: SC12-577
State of Florida v. Robert F. Oliver
Date: June 5, 2014
Docket Number: SC13-1143
Demetrice Armicle McNeal v. State of Florida
Date: June 5, 2014
Docket Number: SC13-650
The Florida Bar v. David Leonard Ross
Date: May 29, 2014
Docket Number: SC11-1106
Taylor v. State  
Date: May 29, 2014
Docket Number: SC12-2318

Justia Opinion Summary: Petitioner was convicted of several crimes. The Fifth District Court of Appeal affirmed the convictions and sentences on direct appeal. Petitioner subsequently filed a motion for postconviction relief. The trial court pa...

David Mcculla, et Ux. v. Brian C. Rell, D.P.M., et al.
Date: May 29, 2014
Docket Number: SC12-2598
Advanced Chiropractic & Rehab. Ctr. v. United Auto. Ins. Co.  
Date: May 29, 2014
Docket Number: SC13-153

Justia Opinion Summary: Plaintiff-corporation filed a lawsuit against Defendant-insurer for personal injury protection benefits. The parties settled the case, and the trial court entered an order of dismissal with prejudice. After the attorney...

In Re: Amendments to Florida Rule of Criminal Procedure 3.220
Date: May 29, 2014
Docket Number: SC13-1541
League of Women Voters v. Data Targeting, Inc.  
Date: May 27, 2014
Docket Number: SC14-987

Justia Opinion Summary: Petitioners filed a petition for extraordinary writ relief concerning certain documents in the possession of Respondents, non-parties to litigation regarding the constitutional validity of the 2012 plan apportioning Flor...

Jeffrey Fawdry v. State of Florida
Date: May 22, 2014
Docket Number: SC11-1179
Charles H. Burns, etc., et al v. Palms West Hospital, etc., et al
Date: May 22, 2014
Docket Number: SC12-1387
S. Fla. Water Mgmt. Dist. v. RLI Live Oak, LLC  
Date: May 22, 2014
Docket Number: SC12-2336

Justia Opinion Summary: The South Florida Water Management District alleged that RLI, Live Oak, LLC, a land developer and owner of property that purportedly contained wetlands, participated in unauthorized dredging, construction activity, and f...

Larkin v. State  
Date: May 22, 2014
Docket Number: SC12-702

Justia Opinion Summary: After a jury trial at which Appellant represented himself, Appellant was convicted of the first-degree murders of his parents and sentenced to death. The Supreme Court affirmed the convictions and death sentences, holdin...

In Re: Amendments to the Florida Probate Rules
Date: May 22, 2014
Docket Number: SC13-888
Dudley v. State  
Date: May 15, 2014
Docket Number: SC11-2292

Justia Opinion Summary: The State charged Defendant in a two-count information with unlawful commission of a sexual battery on a “mentally defective” person over the age of twelve. The jury returned guilty verdicts on both counts. The trial cou...

Cotto v. State  
Date: May 15, 2014
Docket Number: SC12-1277

Justia Opinion Summary: Petitioner was convicted of aggravated assault with a firearm and sentenced as a prison releasee reoffender (PRR). Petitioner was also convicted of carrying a concealed firearm and possessing a firearm by a convicted fel...

Brown v. State  
Date: May 15, 2014
Docket Number: SC12-2159

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder. The trial court concluded that the aggravating circumstances outweighed the mitigating circumstances and imposed upon Appellant the sentence of death. T...

Turner v. State  
Date: May 15, 2014
Docket Number: SC12-2271

Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree murder, attempted first-degree murder, grand theft of a motor vehicle, home invasion robbery, and aggravated assault on a police officer. The trial court impose...

In re Sheehan  
Date: May 15, 2014
Docket Number: SC14-136

Justia Opinion Summary: The Florida Judicial Qualifications Commission (JQC) filed charges against Judge Brenda Sheehan of the Circuit Court after Sheehan pleaded guilty to the charge of driving under the influence, alleging that Judge Sheehan’...

Wilcox v. State  
Date: May 8, 2014
Docket Number: SC11-1017

Justia Opinion Summary: After a jury trial, Appellant was convicted of one count of first-degree murder, four counts of armed kidnapping, and one count of armed robbery. Appellant was sentenced to death for the murder conviction. The Supreme Co...

The Florida Bar v. Susan K. W. Erlenbach
Date: May 1, 2014
Docket Number: SC10-1793
The Florida Bar v. Lanell WilliamsYulee
Date: May 1, 2014
Docket Number: SC11-265
Hurst v. State  
Date: May 1, 2014
Docket Number: SC12-1947

Justia Opinion Summary: Appellant was convicted for the 1998 first-degree murder of Cynthia Harrison and sentenced to death. Concluding that the trial court erred in denying Appellant’s postconviction claim of ineffective assistance of counsel,...

The Florida Bar v. Louis Randolf Townsend, Jr.
Date: April 24, 2014
Docket Number: SC11-2286
Ricardo Hermon Glasco v. State of Florida
Date: April 24, 2014
Docket Number: SC12-1292
Deparvine v. State
Date: April 24, 2014
Docket Number: SC12-2124
Deparvine v. State  
Date: April 24, 2014
Docket Numbers: SC12-2124, SC12-407

Justia Opinion Summary: After a jury trial, Defendant was found guilty of two counts of first-degree murder and one count of armed carjacking. The trial court sentenced Defendant to death on both murder counts. The Supreme Court affirmed Defend...

In Re: Amendments to the Florida Rules of Criminal Procedure (.)
Date: April 24, 2014
Docket Number: SC13-2066
In Re: Amendments to Florida Rule of Criminal Procedure 3.852
Date: April 24, 2014
Docket Number: SC13-2295
Margaret A. Allen v. State of Florida (Corrected Opinion with)
Date: April 17, 2014
Docket Number: SC11-1206
Notice of Correction
Date: April 17, 2014
Docket Number: SC11-1206
David Sylvester Frances v. Michael D. Crews, etc.
Date: April 17, 2014
Docket Number: SC12-1514
Delva v. Continental Group, Inc.  
Date: April 17, 2014
Docket Number: SC12-2315

Justia Opinion Summary: Plaintiff filed a lawsuit against Defendant, her former employer, alleging that Defendant took adverse employment actions against her after she revealed that she was pregnant. The trial court dismissed Plaintiff’s lawsui...

Norman Blake McKenzie v. Michael D. Crews, etc.
Date: April 17, 2014
Docket Number: SC12-2349
Frances v. State  
Date: April 17, 2014
Docket Numbers: SC12-1514, SC12-79

Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree murder and sentenced to death. The Supreme Court affirmed Appellant’s convictions of first-degree murder and his sentences of death on appeal. Appellant subsequ...

McKenzie v. State  
Date: April 17, 2014
Docket Numbers: SC12-2349, SC12-986

Justia Opinion Summary: After a jury trial, Appellant was convicted of two counts of first-degree murder. Appellant was sentenced to death for the murders. The Supreme Court affirmed the convictions and sentences. Appellant subsequently filed a...

Crosby v. State  
Date: April 17, 2014
Docket Number: SC13-1193

Justia Opinion Summary: Defendant was charged with both grand theft and dealing in stolen property in connection with one scheme or course of conduct. Defendant argued that under Fla. Stat. 812.025, the trial court was required to instruct the...

Culpepper v. State  
Date: April 17, 2014
Docket Number: SC13-417

Justia Opinion Summary: Defendant was charged with both grand theft and dealing in stolen property. Because the grand theft and dealing in stolen property charges arose from one scheme or course of conduct, the trial court dismissed the grand t...

Gonzalez v. State  
Date: April 10, 2014
Docket Number: SC11-475

Justia Opinion Summary: After a jury trial, Appellant was convicted of two counts of first-degree murder and one count of home invasion robbery with a firearm. The trial court sentenced Appellant to death for the murders and to life imprisonmen...

Davis v. State  
Date: April 10, 2014
Docket Numbers: SC12-115, SC13-424

Justia Opinion Summary: In 1995, Petitioner was convicted of first-degree felony murder, aggravated child abuse, and sexual battery. The jury recommended the death penalty, and the trial court imposed the death penalty. The Supreme Court affirm...

State v. Drawdy  
Date: April 10, 2014
Docket Number: SC12-2021

Justia Opinion Summary: After a jury trial, Defendant was convicted of sexual battery for penetrating the victim’s vagina with his penis and lewd or lascivious molestation for intentionally touching the victim’s breasts, genitals, genital area,...

Christensen v. Bowen  
Date: April 10, 2014
Docket Number: SC12-2078

Justia Opinion Summary: Robert Christensen ("Robert") paid for a vehicle, and the certificate of title was placed in the name of Robert and his wife, Mary, as co-owners. Thereafter, Mary struck and killed Thomas Bowen while driving the vehicle....

Jordan v. State  
Date: April 10, 2014
Docket Number: SC12-854

Justia Opinion Summary: Defendant was convicted of one count each of burglary with an assault or battery, a first-degree felony, and strong-arm robbery, a second-degree felony. The sentencing judge sentenced Defendant to concurrent life sentenc...

Toney Deron Davis v. Michael D. Crews, etc.
Date: April 10, 2014
Docket Number: SC13-424
Hendrix v. State  
Date: April 10, 2014
Docket Number: SC14-583

Justia Opinion Summary: Appellant, a prisoner under sentence of death, was convicted of two counts of premeditated first-degree murder, among other crimes. After Governor Rick Scott signed a death warrant, Appellant filed a successive postconvi...

Williams v. Crews  
Date: April 3, 2014
Docket Number: Donald

Justia Opinion Summary: Petitioner was convicted of kidnapping, robbery, aggravated battery, burglary, and possession of a firearm by a convicted felon. After his convictions and sentences became final, Petitioner filed numerous pro se filings...

State of Florida v. Brian D. Kablitz
Date: April 3, 2014
Docket Number: SC11-2283
The Florida Bar v. Bruce Edward Committe
Date: April 3, 2014
Docket Number: SC11-468
Williams v. Crews  
Date: April 3, 2014
Docket Number: SC12-1986

Justia Opinion Summary: Petitioner was convicted of numerous crimes and sentenced to life imprisonment. Petitioner’s convictions and sentences were affirmed on appeal. Petitioner subsequently filed several pro se filings in the Supreme Court an...

of Florida v. Brian D. Kablitz
Date: April 3, 2014
Docket Number: State
Florida Bar v. Bruce Edward Committe
Date: April 3, 2014
Docket Number: The
Rene Rodriguez v. State of Florida
Date: March 27, 2014
Docket Number: SC11-1788
Aldrich v. Basile  
Date: March 27, 2014
Docket Number: SC11-2147

Justia Opinion Summary: Ann Aldrich died before having revised her will to dispose of an inheritance she received from her sister. Ann’s husband, James Aldrich, argued that the most appropriate construction of the will was that Ann intended for...

Yacob v. State  
Date: March 27, 2014
Docket Number: SC11-2505

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder and armed robbery with a firearm. Defendant was sentenced to death for the murder conviction. The Supreme Court (1) affirmed Defendant’s convictions, hol...

Dorsey v. Reider (strong>)  
Date: March 27, 2014
Docket Number: SC12-2197

Justia Opinion Summary: Plaintiff brought a personal injury action against Defendant for injuries Plaintiff sustained in an altercation that occurred when Plaintiff was at a bar with Defendant and Defendant’s friend, Russell Noordhoek. The jury...

Marston v. State  
Date: March 27, 2014
Docket Number: SC12-357

Justia Opinion Summary: After a jury trial, Defendant was convicted of three counts of sexual battery and one count each of kidnapping, aggravated battery, and attempted robbery. Defendant was sentenced to life imprisonment for each sexual batt...

Young v. Achenbauch  
Date: March 27, 2014
Docket Number: SC12-988

Justia Opinion Summary: In 1991, a group of flight attendants initiated a class action suit against several tobacco companies. The suit resulted in a settlement agreement. Subsequently, the Flight Attendant Medical Research Institute (FAMRI) wa...

Basulto v. Hialeah Auto.  
Date: March 20, 2014
Docket Number: SC09-2358

Justia Opinion Summary: Buyers, a married couple from Cuba who were only able to communicate in Spanish, purchased a vehicle from a Dealership. Two of the documents Buyers signed with regard to the purchase contained arbitration clauses, and al...

Brett Fenster v. State of Florida
Date: March 20, 2014
Docket Number: SC11-1164
Accardo v. Brown  
Date: March 20, 2014
Docket Number: SC11-1445

Justia Opinion Summary: At issue in this case was whether the land and improvements on certain leaseholds that were created under long-term leases granted by Santa Rosa County were subject to the ad valorem real property tax. The leaseholders a...

1108 Ariola, LLC v. Jones (.)  
Date: March 20, 2014
Docket Number: SC11-2231

Justia Opinion Summary: At issue in this case were improvements on certain leaseholds that were created under leases granted by Escambia County. The leaseholders (Petitioners) contended that the improvements were not subject to ad valorem taxat...

In Re: Standard Jury Instructions in Civil Cases Report No. 1302
Date: March 20, 2014
Docket Number: SC13-1669
In Re: Amendments to Florida Rules of Juvenile Procedure
Date: March 20, 2014
Docket Number: SC13-2385
Henry v. State  
Date: March 14, 2014
Docket Number: SC14-398

Justia Opinion Summary: After a jury trial, Appellant was convicted of two counts of first-degree murder, armed robbery with a deadly weapon, and arson. Appellant was sentenced to death for the murders. Appellant’s death warrant was signed and...

Estate of McCall v. United States  
Date: March 13, 2014
Docket Number: SC11-1148

Justia Opinion Summary: Michelle McCall received prenatal medical care at a United States Air Force clinic as an Air Force dependent. McCall died after delivering her son as a result of severe blood loss. Petitioners filed an action against the...

Order
Date: March 13, 2014
Docket Number: SC12-157
State Farm Mut. Auto. Ins. Co. v. Curran (with)  
Date: March 13, 2014
Docket Number: SC12-157

Justia Opinion Summary: After Plaintiff was rear-ended by an underinsured motorist (UM), Plaintiff requested her $100,000 UM policy limits from State Farm. Plaintiff indicated that her damages were estimated to be $3.5 million because she suffe...

R. J. Reynolds Tobacco Company v. Jimmie Lee Brown, etc.
Date: February 27, 2014
Docket Number: SC11-2201
Caduceus Props., LLC v. William G. Graney, P.E.  
Date: February 27, 2014
Docket Number: SC12-1474

Justia Opinion Summary: This case arose from a malfunctioning HVAC system installed in a new building owned by Caduceus Properties. Caduceus sued Michael Gordon, the building architect, and Gordon initiated a third-party action against KTD Cons...

R. J. Reynolds Tobacco Company v. Melba Sherman, etc.
Date: February 27, 2014
Docket Number: SC12-437
Dawn Roberts v. Terry Glenn
Date: February 20, 2014
Docket Number: SC12-2170
In Re: Amendments to Florida Rule of Civil Procedure 1.470
Date: February 20, 2014
Docket Number: SC13-2231
In Re: Amendments to Florida Rule of Appellate Procedure 9.110
Date: February 20, 2014
Docket Number: SC13-2386
Howell v. State  
Date: February 20, 2014
Docket Number: SC14-167

Justia Opinion Summary: Appellant was convicted of first-degree murder and sentenced to death for killing a Florida Highway Patrol Trooper. The Governor set a death warrant for Appellant and scheduled his execution for February 26, 2014. This a...

State v. S.A.  
Date: February 13, 2014
Docket Number: SC12-2229

Justia Opinion Summary: S.A. filed a notice of expiration of speedy trial and a motion seeking a discharge under the speedy trial rule, alleging that he was entitled to a discharge because the State failed to bring him to trial within the fifte...

Notice of Correction (br /> and two orders:)
Date: February 6, 2014
Docket Number: SC11-1679
Corrected Rehearing Order
Date: February 6, 2014
Docket Number: SC11-1679
Rehearing Order (br />)
Date: February 6, 2014
Docket Number: SC11-1679
Intervest Constr. of Jax, Inc. v Gen. Fidelity Ins. Co.  
Date: February 6, 2014
Docket Number: SC11-2320

Justia Opinion Summary: ICI Homes, Inc. (ICI) had a general liability insurance policy with General Fidelity Insurance Company. In 2007, Katherine Ferrin, the owner of a residence constructed by ICI, was injured while using stairs installed by...

Rehearing Order
Date: February 6, 2014
Docket Number: SC12-462
Chavez v. State  
Date: January 31, 2014
Docket Number: SC14-35

Justia Opinion Summary: After a jury trial, Appellant was convicted of the first-degree murder, kidnapping, and sexual battery of a nine-year-old and sentenced to death. After the Governor signed the warrant in this case Appellant filed numerou...

Ampuero-Martinez v. Cedars Healthcare Group  
Date: January 30, 2014
Docket Numbers: SC11-2208, SC11-2336

Justia Opinion Summary: Plaintiff filed a medical malpractice wrongful death action against Cedars Healthcare Group, a facility at which Plaintiff’s father was a patient when he died, and other health care providers. Plaintiff sought records of...

Cedars Healthcare Group, etc. v. Myriam AmpueroMartinez, etc.
Date: January 30, 2014
Docket Number: SC11-2336
Notice of Correction
Date: January 30, 2014
Docket Number: SC11-2460
Florida Parole Commission v. Robert Taylor (with)
Date: January 30, 2014
Docket Number: SC11-2460
Lebron v. State  
Date: January 30, 2014
Docket Number: SC12-677

Justia Opinion Summary: After a second jury trial, Appellant was convicted of first-degree murder and robbery and was sentenced to death. The Supreme Court affirmed the convictions but twice remanded for new penalty phases. Each time, the trial...

Advisory Opinion to the Attorney General Re Use of Marijuana for Certain Medical Conditions  
Date: January 27, 2014
Docket Numbers: SC13-2006, SC13-2132

Justia Opinion Summary: The Florida Attorney General petitioned the Supreme Court for an advisory opinion as to the validity of a proposed citizen initiative amendment to the Florida Constitution and the accompanying Financial Impact Statement....

Fla. Parole Comm’n v. Taylor  
Date: January 23, 2014
Docket Number: SC11-2460

Justia Opinion Summary: After Respondent violated his conditional release, the parole examiner recommended that Respondent be restored to regular supervision. The Florida Parole Commission (FPC) rejected the parole examiner’s recommendation and...

The Florida Bar v. Donnette Sonya Russell Love
Date: January 23, 2014
Docket Number: SC12-223
N. Carillon, LLC v. CRC 603, LLC  
Date: January 23, 2014
Docket Number: SC12-75

Justia Opinion Summary: Buyers purchased two condominium units pursuant to contracts entered into in 2006. Buyers later contended that the contracts were voidable because Seller failed to maintain Buyers’ deposits in escrow in the manner requir...

Frank C. Johnson v. The Bank of New York Mellon Trust Company
Date: January 23, 2014
Docket Number: SC12-840
Frank C. Johnson v. The Bank of New York Mellon Trust Company
Date: January 23, 2014
Docket Number: SC12-842
Lockhart v. Crews  
Date: January 23, 2014
Docket Number: SC13-513

Justia Opinion Summary: Petitioner was convicted and sentenced to thirty years imprisonment for robbery. The court of appeal affirmed the judgment of guilty and the sentence imposed. Thereafter, Petitioner filed numerous postconviction claims....

Mathews v. Crews  
Date: January 23, 2014
Docket Number: SC13-870

Justia Opinion Summary: Petitioner was convicted of second-degree murder. In a previous habeas corpus proceeding, Petitioner sought release from incarceration, arguing that the assistant state attorney who signed the information and indictment...

Smith v. State  
Date: January 16, 2014
Docket Number: SC11-1076

Justia Opinion Summary: After a jury trial, Defendant was found guilty of first-degree murder under the felony murder and premeditated theories in the deaths of Berthum Gibson and Keenethia Keenan and guilty of first-degree murder under the fel...

Quawn M. Franklin v. Michael D. Crews, etc.
Date: January 16, 2014
Docket Number: SC12-1635
In Re: Amendments to the Florida Family Law Rules of Procedure
Date: January 16, 2014
Docket Number: SC12-2030
Franklin v. State  
Date: January 16, 2014
Docket Numbers: SC12-205, SC12-1635

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder and sentenced to death. The Supreme Court affirmed on direct appeal. Defendant subsequently filed an amended motion to vacate his judgment and sentence,...

Amy Hinman v. State of Florida
Date: January 16, 2014
Docket Number: SC12-2501
Wells v. State  
Date: January 16, 2014
Docket Number: SC13-1346

Justia Opinion Summary: Petitioner filed a petition to invoke the First District Court of Appeal’s all writs jurisdiction, asserting that he was serving an illegally enhanced sentence. The First District dismissed the petition in an unelaborate...

Notice of Correction
Date: January 9, 2014
Docket Number: SC10-1458
Amos Augustus Williams v. State of Florida (with)
Date: January 9, 2014
Docket Number: SC10-1458
Notice of Correction
Date: January 9, 2014
Docket Number: SC11-1029
The Florida Bar v. Peter M. MacNamara (with)
Date: January 9, 2014
Docket Number: SC11-1029
Choctawhatchee Elec. Coop., Inc. v. Graham  
Date: January 9, 2014
Docket Number: SC11-1830

Justia Opinion Summary: At issue in this case was a territorial dispute between two utilities, Choctawhatchee Electric Cooperative, Inc. and Gulf Power Company, both of which sought the right to serve Freedom Walk, a proposed multi-purpose deve...

Notice of Correction
Date: January 9, 2014
Docket Number: SC11-2198
Dana Williamson v. State of Florida (with)
Date: January 9, 2014
Docket Number: SC11-2198
Johnson v. State  
Date: January 9, 2014
Docket Numbers: SC12-2464, SC12-1204

Justia Opinion Summary: Defendant was convicted of first-degree murder, kidnapping, and sexual battery with great force. Defendant was sentenced to death. The Supreme Court affirmed Defendant’s convictions and sentence of death. Defendant subse...

Richard Allen Johnson v. Michael D. Crews, etc.
Date: January 9, 2014
Docket Number: SC12-2464
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