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Supreme Court of Florida

ORAL ARGUMENT PRESS SUMMARIES

FEBRUARY 8-12, 2010

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, FEBRUARY 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

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 FLORIDA SUPREME COURT ORAL ARGUMENTS
TUESDAY, FEBRUARY 9, 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

The Florida Bar v. Donald Alan Tobkin 9:00 In these disciplinary cases, The Florida Bar accuses Mr. Tobkin of violating the Broward County
ethical standards for attorneys by failing to pay out settlement proceeds to clients
SC07-928 | SC07-959 in medical malpractice cases and by failing to provide competent representation.
View briefs in Acrobat format by clicking the case The trial judge considering the cases as a referee concluded that Mr. Tobkin did
number(s) here violate several ethical standards. The referee recommends that this Court disbar
Mr. Tobkin for five years if he makes restitution in one of the cases. If no restitu-
tion is made, the referee has recommended that Mr. Tobkin be permanently dis-
barred.

The Florida Bar v. Stuart Leonard Stein Approx. In this disciplinary case, The Florida Bar accuses Mr. Stein of violating several New Mexico
9:30 ethical standards for attorneys based on his disbarment in New Mexico. The trial
SC08-1108 judge considering the case as a referee recommends that this Court disbar Mr.
View briefs in Acrobat format by clicking the case Stein.
number(s) here

Randy Lamar Schoenwetter v. State of Florida Approx. Mr. Schoenwetter pleaded guilty to the first-degree murders of 10-year-old Brevard County
10:00 Virginia Friskey and her father, Ronald Friskey, who were fatally stabbed in their
SC08-2271 | SC09-955 home in 2000. The jury voted 10-2 to recommend a death sentence for the murder
View briefs in Acrobat format by clicking the case of the daughter and 9-3 to recommend a death sentence for the father. The trial
number(s) here court condemned Mr. Schoenwetter for both murders and this Court upheld the
death sentences on direct appeal. Mr. Schoenwetter filed a postconviction chal-
lenge in trial court. It was denied and this appeal followed.

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 FLORIDA SUPREME COURT ORAL ARGUMENTS
WEDNESDAY, FEBRUARY 10, 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

The Florida Bar v. Sherry Grant Hall 9:00 In this disciplinary case, The Florida Bar accuses Ms. Hall of violating ethical Okaloosa County
standards for attorneys based on her alterations to a lease agreement after it was
SC07-863 signed. The trial judge considering the case as a referee concluded that Ms. Hall
had violated the rule against dishonesty, fraud, deceit or misrepresentation. He
View briefs in Acrobat format by clicking the case recommends that this Court suspend Ms. Hall from the practice of law for 90 days.
number(s) here

Harold Goldberg v. Merrill Lynch Credit Approx. In these two consolidated cases, the Goldbergs and Ms. Forman sued their mort- Palm Beach County
9:30 gage lenders, alleging the lenders had engaged in the unauthorized practice of law
SC08-1360 when they charged the property owners for document preparation. The circuit
court dismissed the cases, ruling that only this Court has jurisdiction to determine
View briefs in Acrobat format by clicking the case what constitutes the unauthorized practice of law. On appeal, the Fourth District
number(s) here Court of Appeal ruled that people can sue to recover fees stemming from the
unauthorized practice of law but only after this Court has determined that certain
conduct constitutes the unauthorized practice of law. This appeal followed.

Paul Durousseau v. State of Florida Approx. Mr. Durousseau was convicted of the first-degree murder of Tyresa Mack, who Duval County
10:00 died of asphyxiation in her home in July 1999. The jury voted 10-2 to recommend
SC08-68 a death sentence and the trial court condemned him. This is his direct appeal. He
raises various issues.
View briefs in Acrobat format by clicking the case
number(s) here

American Optical Corp. V. Walter R. Spiewak Approx. Mr. Spiewak, Mr. Williams and others sued American Optical Corp. and other Palm Beach County
11:00 companies, alleging asbestos-related injuries. While the lawsuits were pending,
SC08-1616 | SC08-1617 | SC08-1639 | SC08-1640 the Legislature passed a law that required plaintiffs to demonstrate a certain level
of physical impairment before an asbestos-related lawsuit would be permitted.
View briefs in Acrobat format by clicking the case Citing the new law, the circuit courts dismissed the lawsuits filed by Mr. Spiewak,
number(s) here Mr. Williams and others. On appeal, the Fourth District Court of Appeal ruled that
the new law was unconstitutional as applied to the pending lawsuits.

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 FLORIDA SUPREME COURT ORAL ARGUMENTS
THURSDAY, FEBRUARY 11, 2010
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CASE TIME FACTS & ISSUES PLACE OF ORIGIN

In re: Amendments to Rules Regulating The Florida 9:00 The Florida Bar has proposed that this Court modify the rules regulating lawyer Statewide impact
Bar 4-7.1 advertising to state that the rules do not apply to communications between lawyers
and communications between lawyers and clients or former clients.
SC09-394
View briefs in Acrobat format by clicking the case
number(s) here

The Florida Bar v. Charles Behm Approx. In this disciplinary case, The Florida Bar accuses Mr. Behm of violating ethical Putnam County
9:30 standards for attorneys based on his failure to comply with standards for trust
SC07-661 accounts and his failure to file income tax returns for several years. The trial judge
View briefs in Acrobat format by clicking the case considering the case as a referee concluded that Mr. Behm had violated trust
number(s) here account rules as well as the rules against unlawful and dishonest conduct. He
recommends that this Court suspend Mr. Behm from the suspension of law for 90
days for the trust fund violations and for 91 days for the income tax case.

Kenneth Allen Stewart v. State of Florida Approx. Mr. Stewart was convicted of the first-degree murder of Ruben Diaz, who was Hillsborough County
10:00 robbed and fatally shot in 1984. Mr. Stewart's first two death sentences were both
SC08-2075 | SC09-814 vacated. In his third sentencing hearing, the jury voted 7-5 to recommend a death
View briefs in Acrobat format by clicking the case sentence and the trial court again condemned him. The third death sentence was
number(s) here upheld by this Court on direct appeal, and Mr. Stewart filed a postconviction
challenge in the trial court. It was denied and this appeal followed.
Justice Quince is recused.

David Joseph Pittman v. State of Florida Approx. Mr. Pittman was convicted of the first-degree murders of Clarence and Barbara Polk County
10:30 Knowles and their daughter Bonnie Knowles. The victims were fatally stabbed in
SC08-146 | SC08-2486 their home in 1990. The jury voted 9-3 to recommend death sentences for all three
View briefs in Acrobat format by clicking the case murders and the trial court condemned him. This Court upheld the sentences on
number(s) here direct appeal and Mr. Pittman filed a postconviction challenge in trial court. It was
denied and this appeal followed.
Justice Quince is recused.

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 FLORIDA SUPREME COURT ORAL ARGUMENTS
FRIDAY, FEBRUARY 12, 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

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