Day v. State — Fifth DCA affirmed without a written opinion

Case
Walter Irvin Day v. State of Florida
Court
Florida Fifth District Court of Appeal
Judge
JAY, C.J. (Ron DeSantis, 2023); Lambert, J. (Rick Scott, 2014); Kilbane, J. (Ron DeSantis, 2022)
Date Decided
September 24, 2026
Docket No.
5D2025-3616
Topics
Criminal Appeal; Per Curiam Affirmance; Appellate Procedure
Source
Read the full opinion

Background

Walter Irvin Day, acting without counsel, appealed from the Circuit Court for Seminole County. Circuit Judge Melissa D. Souto entered the ruling under review in lower-court case number 2015-CF-001082-A.

The Fifth District Court of Appeal’s opinion does not identify the challenged ruling, describe the underlying criminal case, or state the arguments raised on appeal. The State was represented by the Florida Attorney General’s Office.

The Court’s Holding

The Fifth District affirmed the circuit court’s ruling in a per curiam decision. Chief Judge Jay and Judges Lambert and Kilbane concurred.

The court provided no reasoning or discussion of the issues. Accordingly, the opinion establishes only that the lower court’s ruling was affirmed; it does not disclose the panel’s rationale or announce a legal rule.

Key Takeaways

  • The Fifth District affirmed the ruling under review.
  • The decision was issued per curiam by a three-judge panel.
  • The opinion contains no factual discussion, legal analysis, or explanation of the grounds for affirmance.

Why It Matters

The decision leaves the circuit court’s ruling in place but offers no written guidance for attorneys or lower courts. Its practical significance is therefore confined principally to the parties and the disposition of this appeal.

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