Smith v. Lope — Fifth District affirmed without a written opinion

Case
Donald Edward Smith v. Robert Clayton Lope and Alice Diane Sanders
Court
Florida Fifth District Court of Appeal
Judge
Wallis; Harris; Boatwright
Date Decided
September 1, 2026
Docket No.
5D2025-2679
Topics
Civil Appeal; Per Curiam Affirmance; Pro Se Litigation
Source
Read the full opinion

Background

Donald Edward Smith, proceeding pro se, appealed from a decision of the Circuit Court for Marion County in a case involving Robert Clayton Lope and Alice Diane Sanders. Circuit Judge Lisa Diane Herndon presided below.

The appellate court’s decision does not describe the underlying claims, the circuit court’s ruling, or the arguments raised on appeal.

The Court’s Holding

The Florida Fifth District Court of Appeal affirmed the circuit court’s decision in a per curiam disposition.

The court issued no written reasoning and therefore announced no express rule of law or explanation for its affirmance. Judges Wallis, Harris, and Boatwright concurred.

Key Takeaways

  • The Fifth District left the circuit court’s decision in place.
  • The court affirmed without a written opinion explaining its reasoning.
  • The decision was not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.

Why It Matters

Because the court provided no factual discussion or legal analysis, the disposition offers no articulated guidance on the merits of the underlying dispute. Its immediate effect is to preserve the circuit court’s ruling against Smith.

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