M.S. v. Department of Children and Families — Fifth District affirmed without a written explanation

Case
M.S., Father of V.A.S., Minor Child v. Department of Children and Families
Court
Florida Fifth District Court of Appeal
Judge
Lambert; Harris; Boatwright
Date Decided
September 1, 2026
Docket No.
5D2026-0378
Topics
Family Law, Appeals, Per Curiam Affirmance
Source
Read the full opinion

Background

M.S., the father of minor child V.A.S., appealed a ruling from the Circuit Court for Marion County. Circuit Judge Stacy Morris Youman presided over the lower-court matter.

The Department of Children and Families was the appellee, and the Statewide Guardian ad Litem Office also appeared in the appeal. The Fifth District’s opinion does not describe the challenged ruling, the underlying facts, the parties’ arguments, or the issues presented for review.

The Court’s Holding

The Fifth District Court of Appeal affirmed the circuit court’s ruling in a per curiam decision. Judges Lambert, Harris, and Boatwright concurred.

The court provided no written reasoning or discussion of the governing law. The opinion states that it is not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.

Key Takeaways

  • The Fifth District affirmed the circuit court’s ruling.
  • The per curiam opinion offers no factual account, legal analysis, or explanation for the disposition.
  • The decision remains nonfinal pending disposition of any timely authorized motion under Rules 9.330 or 9.331.

Why It Matters

The decision leaves the challenged circuit-court ruling intact but supplies no precedential analysis or guidance about the underlying dispute. Attorneys should therefore avoid attributing any unstated factual findings or legal conclusions to the appellate court’s summary affirmance.

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