September 2023 Summaries

Wednesday, September 6

SC2022-0458 State of Florida v. Zachary Joseph Penna 

Palm Beach County - begins at 9:00 a.m. ET

Penna was on trial for multiple felonies, including murder. Before trial, he filed a motion to suppress the voluntary statements he made to a police officer, arguing that the officer failed to re-read the Miranda warnings before Penna made those statements. The trial court denied the motion, a jury convicted Penna, and he appealed. The Fourth District Court of Appeal reversed the trial court and certified the following question of great public importance to this Court: Whether a defendant’s Fifth Amendment Miranda rights are automatically violated when an officer fails to re-read a Miranda warning following a defendant’s voluntary re-initiation of contact with police.

SC2022-0597 Jennifer Ripple, etc. v. CBS Corporation, et al.

Broward County - begins about 9:40 a.m. ET

Jennifer Ripple filed claims under Florida's Wrongful Death Act after her husband died from mesothelioma due to asbestos exposure. On appeal, the Fourth District Court of Appeal held that Ripple, who married her husband after the injury of the asbestos exposure, could not recover damages as a surviving spouse under section 768.21(2) of the Act. The Fourth District Court of Appeal decision conflicts with another appellate court decision. Ripple asks this Court for review.

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SC2022-1207 Florida Department of Corrections v. McMillan C. Gould 

Leon County - begins about 10:30 a.m. ET

The Florida Department of Corrections asks this Court to review whether a conviction of attempted sexual battery violates the sexual battery statute, Florida Statute 794.011, making an inmate ineligible for consideration for incentive gain-time awards. 

SC2022-0745 Everett G. Miller v. State of Florida 

Osceola County - begins at 11:10 a.m. ET

Miller was convicted of the 2017 first-degree murders of Kissimmee Police Officers Matthew Baxter and Richard “Sam” Howard. The jury unanimously recommended a death sentence for each murder, and the trial court sentenced Miller to death. This is his direct appeal. 

Thursday, September 7

SC2022-0910 Guardianship of Jacquelyn Anne Faircloth v. Main Street Entertainment, Inc., etc.

Leon County - Begins at 9:00 a.m. ET

Guardians of Jacquelyn Faircloth sued Main Street Entertainment, the owner of Potbelly's bar for damages Faircloth suffered when she was hit by an intoxicated driver who had consumed alcohol at the bar. Faircloth’s guardians also sued the entities that owned and operated Cantina 101 for serving alcohol to Faircloth, which caused her intoxication and contributed to the resulting injuries. The trial court awarded Faircloth $28.6 million. Potbelly's appealed. The First District Court of Appeal reversed the trial court ruling, holding that the trial court erred in refusing to permit defenses available under the comparative fault and alcohol defense statutes. The First DCA certified a question of great public importance, and Faircloth asks this Court for review.

SC2022-0417 Matthew Dettle v. State of Florida 

Alachua County - begins about 9:40 a.m. ET

Dettle was convicted of traveling after solicitation of a minor, solicitation of a minor, and unlawful use of a communications device. He appealed his convictions arguing that the multiple convictions for the same conduct violated double jeopardy. The First District Court of Appeal affirmed his conviction in part and vacated in part. Dettle filed a post-conviction motion with the trial court, arguing that he is entitled to retroactive relief based on a subsequent decision by this Court. The trial court and the First DCA denied Dettle's motion, ruling that he is not entitled to retroactive relief, and this appeal followed. The First DCA also certified a question of great public importance to this Court.

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SC2022-0984 James Seadler v .Marina Bay Resort, Marina Bay Resort Condominium Association, Inc.

Okaloosa County - begins at 10:30 a.m.

Seadler filed a lawsuit against Marina Bay Resort for injuries he sustained while on resort property. The jury found the resort liable and awarded Seadler damages for past medical expenses and non-economic damages. Unhappy with his final award of $14,504.50, Seadler appealed to the First District Court of Appeal, arguing that he was denied a fair trial because the trial court failed to strike a potential juror when challenged by legal counsel, which led to the unnecessary use of a peremptory challenge. The First DCA affirmed the trial court and certified conflict with other appellate court decisions. Seadler asks this Court for review.

SC2021-0484 The Florida Bar v. Jonathan Stephen Schwartz

Begins at 11:10 a.m. 

In this attorney disciplinary case, The Florida Bar accuses Mr. Schwartz of violating Rule Regulating The Florida Bar 4-4.2(a), which prohibits a lawyer from communicating with an individual who he knows is represented by counsel, and Rule Regulating The Florida Bar 4-8.4(d), providing that a lawyer shall not engage in conduct that is prejudicial to the administration of justice.  The referee recommends that Mr. Schwartz be found guilty of violating both rules and that he receive a 90-day suspension.  The Bar seeks review of the recommended discipline, arguing that Mr. Schwartz should be disbarred.  Mr. Schwartz seeks review of both the referee’s recommendations as to guilt and the sanction to be imposed.

Friday, September 8

SC2022-1050 Planned Parenthood of Southwest and Central Florida v. State of Florida

Leon County - starts at 9:00 a.m.

Planned Parenthood and others filed a motion for a temporary injunction in the trial court to block a new law passed by the 2022 Florida Legislature restricting abortions after 15 weeks. The trial court granted the temporary injunction, finding that the law was likely unconstitutional. The State of Florida appealed to the First District Court of Appeal. The First DCA reversed the trial court, and this appeal followed. Planned Parenthood now asks this Court to quash the First District’s decisions.