Perry v. State of Florida — Lower court judgment affirmed without written opinion

Case
Livingston Perry, IV v. State of Florida
Court
Florida Fifth District Court of Appeal
Date Decided
July 2, 2026
Docket No.
5D2024-1685
Topics
Appellate procedure, Criminal appeal, Per curiam affirmance
Source
Read the full opinion

Background

Livingston Perry, IV appealed a judgment from the Circuit Court for Duval County (lower court case no. 2023-CF-10125-A). The appellate opinion provided does not detail the underlying facts, charges, or nature of the proceedings before the trial court.

The Court’s Holding

The Fifth District Court of Appeal issued a per curiam affirmance, upholding the lower court’s judgment without issuing a written opinion explaining the court’s reasoning. Judges Edwards, Eisnaugle, and Harris concurred in the affirmance.

As a per curiam affirmance without substantive opinion, this decision carries no precedential value beyond affirming the specific trial court judgment in this case.

Key Takeaways

  • The trial court judgment was affirmed
  • No written opinion was issued by the appellate court
  • The decision is not final until any timely motion under Fla. R. App. P. 9.330 or 9.331 is resolved

Why It Matters

Per curiam affirmances without written opinions offer limited guidance to practitioners. Without the court’s reasoning, attorneys cannot discern the legal issues decided or the court’s analysis.

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