Florida Supreme Court Oral Arguments

Florida Department of Health, Etc., et. al. v. Florigrown, LLC, et. al. May 23, 2020

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 temporary injunction against the enforcement of the statute based on a determination that Florigrown has a substantial likelihood of success on the merits of its claims. The Department of Health appealed to the First District Court of Appeal, which agreed with the trial court but certified a question of great public importance to this Court for review.

Case history can be viewed here.

State of Florida v. Brian K. McKenzie May 23, 2020

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 with Mr. McKenzie. The State of Florida asks this Court to review the decision because it conflicts with another appellate court decision.

Case history is available here.

MRI Associates of Tampa, Inc. Etc. v. State Farm Mutual Automobile Insurance Company May 23, 2020

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 Appeal, which reversed the decision of the trial court but certified a question of great public importance to this Court.

Case history can be found here.

Advisory Opinion to the Attorney General Re: Adult Use of Marijuana May 23, 2020

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.

Jonathan Huey Lawrence v. State of Florida Mar 05, 2020

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 seeking a new penalty phase pursuant to Hurst v. State. The trial court vacated his death sentence and ordered a new penalty phase. He was sentenced to death on resentencing, and this direct appeal followed.

Case history can be found here: http://onlinedocketssc.flcourts.org/DocketResults/CaseDocket?Searchtype=Case+Number&CaseTypeSelected=All&CaseYear=2018&CaseNumber=2061

Rocky Ali Beamon, Sr. v. State of Florida Mar 05, 2020

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: http://onlinedocketssc.flcourts.org/DocketResults/CaseDocket?Searchtype=Case+Number&CaseTypeSelected=All&CaseYear=2019&CaseNumber=436

Arch Insurance Company v. Kubicki Draper, LLP Mar 05, 2020

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 legal standing to sue Kubicki Draper. On appeal, the Fourth District Court of Appeal agreed with the trial court but certified a question of great public importance to this Court regarding standing.

Case history can be found here: http://onlinedocketssc.flcourts.org/DocketResults/CaseDocket?Searchtype=Case+Number&CaseTypeSelected=All&CaseYear=2019&CaseNumber=673

The Florida Bar v. TIKD Services LLC, A Foreign Limited Liability Company & Christopher Riley, Individually and as Founder of TIKD Services, LLC Mar 05, 2020

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 review the case recommends that this Court dismiss the Bar’s petition with prejudice. The Florida Bar challenges the referee’s recommendation.

Case history can be found here: http://onlinedocketssc.flcourts.org/DocketResults/CaseDocket?Searchtype=Case+Number&CaseTypeSelected=All&CaseYear=2018&CaseNumber=149

Heritage Manor of Memorial Park, Inc., et al. v. DFG Group, LLC, et al. Feb 17, 2020

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 review, arguing that the Fourth DCA’s decision conflicts with a decision from this Court and other appellate court decisions.

Case history can be viewed here: http://onlinedocketssc.flcourts.org/DocketResults/CaseDocket?Searchtype=Case+Number&CaseTypeSelected=All&CaseYear=2018&CaseNumber=581

State of Florida v. Elizabeth Francis Marsh Feb 17, 2020

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 constitutional protection against double jeopardy. The Second DCA agreed. The State of Florida asked this Court for review, arguing the Second DCA’s decision conflicts with another appellate court decision.

Case history can be viewed here: http://onlinedocketssc.flcourts.org/DocketResults/CaseDocket?Searchtype=Case+Number&CaseTypeSelected=All&CaseYear=2018&CaseNumber=1108

The Florida Bar v. D. Mark Payne Feb 17, 2020

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 that a non-rehabilitative suspension is a more appropriate discipline if the Court ultimately concludes that he is guilty of the rule violations.

Case history can be viewed here: http://onlinedocketssc.flcourts.org/DocketResults/CaseDocket?Searchtype=Case+Number&CaseTypeSelected=All&CaseYear=2018&CaseNumber=680

Terry Smith v. State of Florida & Terry Smith v. Mark S. Inch, etc. Feb 05, 2020

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 post-conviction challenges in the trial court and was granted a new penalty phase pursuant to Hurst v. State for the death sentence convictions. The trial court denied the remaining challenges, and this appeal followed. Mr. Smith has also filed a habeas corpus petition.

Case history can be found here: http://onlinedocketssc.flcourts.org/DocketResults/CaseDocket?Searchtype=Case+Number&CaseTypeSelected=All&CaseYear=2018&CaseNumber=1763

James Terry Colley, Jr. v. State of Florida Feb 05, 2020

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

State of Florida v. Geovani Johnson Feb 05, 2020

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 the case history here: http://onlinedocketssc.flcourts.org/DocketResults/CaseDocket?Searchtype=Case+Number&CaseTypeSelected=All&CaseYear=2019&CaseNumber=96

Robert Emerson, et al. v. Hillsborough County, Florida, etc., et al. & Stacy White v. Hillsborough County, Florida, etc., et al. Feb 05, 2020

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 certain portions it found to be unconstitutional. This appeal followed.

Case history can be found here: http://onlinedocketssc.flcourts.org/DocketResults/CaseDocket?Searchtype=Case+Number&CaseTypeSelected=All&CaseYear=2019&CaseNumber=1250

Inquiry Concerning A Judge, Robin Lemonidis Feb 05, 2020

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

Advisory Opinion to the Attorney General Re: Prohibits Possession Of Defined Assault Weapons Feb 05, 2020

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

Advisory Opinion to the Attorney General Re: Regulate Marijuana In A Manner Similar to Alcohol To Establish Age, Licensing, and Restrictions Feb 05, 2020

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., et al. v. New Life Community Church of CMA, Inc., et al. Jan 16, 2020

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 that its decision conflicts with decisions from other district courts of appeal.

Daniel Jacob Craven, Jr. v. State of Florida Jan 16, 2020

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.

Kishon Larhame Birch v. State of Florida Jan 16, 2020

Mr. Birch was convicted of possession of a firearm by a convicted felon and consequently sentenced to 30 years in prison. Mr. Birch appealed his conviction and sentence to the First District Court of Appeal challenging the sufficiency of the evidence at trial, the jury instructions, and the legality of his sentence. The First DCA rejected his arguments and affirmed Mr. Birch’s conviction and sentence. The Supreme Court granted review on the basis of conflict.

Alvin Davis v. State of Florida Jan 16, 2020

Mr. Davis was convicted of possession of a firearm as a convicted felon. During the sentencing hearing, Mr. Davis maintained his innocence. The trial court sentenced him to the statutory maximum sentence of 15 years in prison in part because he failed to take responsibility for his actions. Mr. Davis appealed to the First District Court of Appeal claiming that the consideration of lack of remorse was a constitutional error. The First DCA concluded that the trial court’s consideration of lack of remorse was not an error but certified a question of great public importance to this Court.

Advisory Opinion To The Attorney General Re: Raising Florida’s Minimum Wage Jan 16, 2020

The Attorney General has petitioned the Court to review a proposed citizens' initiative on a minimum wage in Florida, asking whether it meets two legal requirements: (1) It must contain only a single subject; and (2) It must have a fair ballot summary. A companion case addresses the financial impact statement to the proposed amendment. The Court requested briefing on whether it has jurisdiction to review financial impact statements, and the State argues that it does.

Advisory Opinion To The Attorney General Re: All Voters Vote Jan 16, 2020

The Attorney General has petitioned the Court to review a proposed citizens' initiative on voting in primary elections in Florida, asking whether it meets two legal requirements: (1) It must contain only a single subject; and (2) It must have a fair ballot summary. A companion case addresses the financial impact statement to the proposed amendment.

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