Distefano — Fifth District affirmed without a written explanation

Case
John Mark Distefano v. State of Florida
Court
Florida Fifth District Court of Appeal
Judge
Makar; Edwards; Soud
Date Decided
September 22, 2026
Docket No.
5D2025-0922
Topics
Criminal Appeal, Per Curiam Affirmance, Florida Appellate Procedure
Source
Read the full opinion

Background

John Mark Distefano appealed from the Circuit Court for Sumter County, where Judge Mary P. Hatcher presided. The opinion does not identify the ruling under review or describe the facts, charges, arguments, or legal issues presented.

Distefano was represented on appeal by Brandon F. Dark. The State was represented by Attorney General James Uthmeier and Assistant Attorney General Stephen R. Putnam, Jr.

The Court’s Holding

The Florida Fifth District Court of Appeal affirmed in a per curiam decision. Judges Makar, Edwards, and Soud concurred.

The court supplied no reasoning or additional explanation for its disposition. The opinion therefore does not establish which issues were considered or the grounds on which the appeal was resolved.

Key Takeaways

  • The Fifth District affirmed the matter appealed from the Sumter County Circuit Court.
  • The three-judge panel issued a per curiam affirmance without a written legal analysis.
  • The opinion 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

The decision resolves Distefano’s appeal at the Fifth District but provides no factual discussion or legal reasoning for attorneys to apply in other cases. Its significance is limited to the appellate disposition reflected in the opinion.

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