Background
Danna S. Carrion-Belliard appealed a ruling of the Circuit Court for Alachua County, Judge William R. Slaughter presiding, against Edwin A. Nunez-Tineo. The underlying matter arose in Alachua County, Florida, and was appealed to the First District Court of Appeal.
The opinion does not disclose the nature of the underlying dispute, as the First DCA resolved the appeal by a one-word per curiam affirmance without a written opinion addressing the merits.
The Court’s Holding
A three-judge panel of the First District Court of Appeal — Judges Roberts, M.K. Thomas, and Neff — unanimously affirmed the circuit court’s ruling without elaboration. The court issued a per curiam affirmance, the standard mechanism Florida appellate courts use when the lower court’s decision is correct and no new legal principle requires explanation.
The decision is not yet final and remains subject to rehearing or clarification motions timely filed under Florida Rules of Appellate Procedure 9.330 or 9.331.
Key Takeaways
- The First DCA unanimously affirmed the Alachua County circuit court’s ruling in favor of appellee Edwin A. Nunez-Tineo.
- The court issued a per curiam affirmance with no written opinion, meaning the lower court’s reasoning stands without additional appellate commentary.
- The decision is not yet final pending any timely post-decision motions under Fla. R. App. P. 9.330 or 9.331.
Why It Matters
Per curiam affirmances carry no precedential value under Florida law and offer no guidance on the underlying legal issues. For the parties, however, the ruling is significant: the appellant’s challenge to the circuit court’s judgment has been rejected at the appellate level, leaving the lower court’s order in place.
Practitioners should note that the window to seek rehearing or clarification remains open, and the mandate will not issue until that period has run or any such motion has been resolved.