Kelly v. Callino — First District affirmed without a written opinion

Case
Ronald R. Kelly, Jr., et al. v. Leonisa Tabura Callino and KK, a minor
Court
Florida First District Court of Appeal
Judge
Lewis; M.K. THOMAS (Rick Scott, 2016); Treadwell
Date Decided
August 28, 2026
Docket No.
1D2025-1902; 1D2025-2051; 1D2025-2052
Topics
Appeals, Estates, Per Curiam Affirmance
Source
Read the full opinion

Background

Ronald R. Kelly, Jr. and Leah Kelly Lee, acting as personal representatives of the Estate of Ronald R. Kelly, Sr. and in their individual capacities, appealed from the Circuit Court for Gadsden County. The appellees were Leonisa Tabura Callino and KK, a minor.

The consolidated appeals arose from proceedings before Circuit Judge David Frank. The First District’s opinion does not describe the underlying facts, the claims asserted, the trial court’s rulings, or the issues raised on appeal.

The Court’s Holding

The Florida First District Court of Appeal affirmed the circuit court’s disposition in all three appeals.

The court issued a per curiam affirmance without a written explanation. Accordingly, the opinion states no legal reasoning or rule beyond leaving the challenged disposition intact.

Key Takeaways

  • The First District affirmed the circuit court in the three consolidated appeals.
  • The decision was unanimous, with Judges Lewis, M.K. Thomas, and Treadwell concurring.
  • Because the court provided no reasoning, the opinion does not disclose the underlying factual or legal basis for affirmance.

Why It Matters

The ruling leaves the circuit court’s disposition in place, subject to any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.

Its usefulness as guidance in other cases is limited because the court did not explain the issues presented or its reasons for affirming.

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