Cutshaw v. Comerford — First District affirmed without a written explanation

Case
Robert Cutshaw v. Richard Comerford, Secretary, Florida Department of Corrections, et al.
Court
Florida First District Court of Appeal
Judge
Osterhaus, C.J.; Lewis, J.; Treadwell, J.
Date Decided
September 25, 2026
Docket No.
1D2025-3444
Topics
Appellate Procedure, Summary Affirmance, Corrections
Source
Read the full opinion

Background

Robert Cutshaw, proceeding pro se, appealed from a decision of the Circuit Court for Leon County. Circuit Judge Angela C. Dempsey issued the decision under review.

The appellees were Richard Comerford, Secretary of the Florida Department of Corrections, and others. The appellate opinion does not describe Cutshaw’s claims, the circuit court’s ruling, or the arguments presented on appeal.

The Court’s Holding

The Florida First District Court of Appeal affirmed the circuit court’s decision.

The court issued a per curiam affirmance without a written explanation. It therefore announced no legal reasoning or precedential rule concerning the underlying dispute.

Key Takeaways

  • The circuit court’s decision remains in place.
  • Chief Judge Osterhaus and Judges Lewis and Treadwell concurred in the disposition.
  • The opinion provides no facts, reasoning, or explanation of the legal issues presented.

Why It Matters

The decision ends this stage of the appeal in the appellees’ favor but offers no written guidance for attorneys or lower courts on the merits of the underlying dispute.

The opinion was not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.

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