Damerau v. Winderman — affirmed the circuit court without a written explanation

Case
David F. Damerau v. Harry Winderman
Court
Florida Fourth District Court of Appeal
Judge
MAY (Jeb Bush, 2001); Gerber (Charlie Crist, 2009)
Date Decided
August 6, 2026
Docket No.
4D2025-2365 and 4D2025-3353
Topics
Appeals, Summary Affirmance, Florida Procedure
Source
Read the full opinion

Background

David F. Damerau brought consolidated appeals from proceedings in the Circuit Court for the Seventeenth Judicial Circuit in Broward County. Circuit Judge Michele Towbin Singer presided over the underlying case, docketed as No. 062018CA021272AXXXCE.

The appellate opinion does not describe the parties’ dispute, the circuit court’s rulings, the issues raised on appeal, or the parties’ legal arguments. Damerau was represented by Louis Thaler, while Harry Winderman appeared on his own behalf.

The Court’s Holding

The Fourth District Court of Appeal affirmed the circuit court in a per curiam decision. Judges May, Gerber, and Shaw concurred.

The court provided no reasoning or discussion of the issues. Accordingly, the opinion establishes only that the challenged circuit-court rulings were left intact; it does not identify the grounds for affirmance or announce a broader rule of law.

Key Takeaways

  • The Fourth District affirmed the circuit court in the consolidated appeals.
  • The decision was per curiam and contained no legal analysis.
  • The opinion does not disclose the underlying facts, appellate issues, or basis for affirmance.

Why It Matters

The decision ends the consolidated appeals in Winderman’s favor unless altered through timely rehearing or further review. Because the court issued an unexplained affirmance, the opinion offers attorneys no articulated legal rationale to apply in other cases.

The decision was not final until disposition of any timely filed motion for rehearing.

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