Oral Arguments for Wednesday, September 1, 2021

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  • Опубліковано 31 сер 2021
  • SC19-1371 Shane R. Hayslip, et. al. v. U.S. Home Corporation
    Lee County
    The Hayslips purchased a home from its original owners in 2010. They subsequently filed a lawsuit against the builder, U.S. Home Corporation, alleging that the builder improperly installed the stucco system on the home in violation of the Florida Building Codes Act. In response to the lawsuit, U.S. Home Corporation filed a motion to compel arbitration according to the language of the original special warranty deed. The trial judge stayed the lawsuit pending arbitration, and the Hayslips appealed, arguing that they are not bound by the arbitration agreement. The Second District Court of Appeal held that a valid arbitration provision exists, binding the Hayslips to arbitration in the case. The Second DCA certified a question of great public importance to this Court, and this appeal followed.
    -- Break --
    SC21-391 Inquiry Concerning a Judge Re: Scott Cupp
    Virtual Public Reprimand begins about 10:30 a.m.
    Circuit Judge Scott Cupp has been summoned before the Court to receive a public reprimand for misconduct.
    SC17-1391 The Florida Bar v. Jonathan Stephen Schwartz
    In this disciplinary case, The Florida Bar accused Mr. Schwartz of violating the ethical standards for lawyers, including the use of altered exhibits in a deposition while representing a defendant. The judge-referee recommended that Mr. Schwartz not be found guilty of ethical violations. In November 2019, this Court disapproved of the referee’s recommendation and findings, and having found Mr. Schwartz guilty of violating certain Rules Regulating the Florida Bar, remanded the case to a newly appointed referee. The second referee recommended that Mr. Schwartz receive a ninety-day suspension, to be followed by a one-year term of probation. Mr. Schwartz agrees with this recommendation. The Bar recommends a rehabilitative sanction and suggests a three-year suspension.
    Case summaries are available on the Florida Supreme Court website;
    www.floridasup...

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