Background
Anthony Aubrey Yawn, appearing pro se, appealed a decision from the Circuit Court for Alachua County, presided over by Judge James M. Colaw. The nature of the underlying proceedings is not disclosed in the appellate opinion. The State of Florida was represented by the Attorney General’s office.
Yawn filed the appeal in the First District Court of Appeal, which has jurisdiction over appeals from circuit courts in the First Appellate District of Florida, which includes Alachua County.
The Court’s Holding
The First District Court of Appeal, in a per curiam order, dismissed the appeal without elaboration or written opinion. Judges Bilbrey, Kelsey, and M.K. Thomas all concurred in the dismissal.
The order is not yet final and remains subject to any timely and authorized motion filed pursuant to Florida Rules of Appellate Procedure 9.330 or 9.331, which govern motions for rehearing and certification, respectively.
Key Takeaways
- The appeal was dismissed by the Florida First District Court of Appeal in a brief per curiam order with no stated rationale.
- The appellant, Anthony Aubrey Yawn, was self-represented (pro se) throughout the appellate proceedings.
- The dismissal is not yet final pending any timely motions for rehearing or certification under Fla. R. App. P. 9.330 or 9.331.
Why It Matters
Because the court issued only a one-word dismissal without explanation, the opinion offers no precedential guidance on the substantive or procedural issues raised by the appellant. Dismissals of this kind typically reflect a threshold defect—such as lack of jurisdiction, an untimely notice of appeal, or a non-appealable order—but the basis cannot be confirmed from the opinion itself.
Practitioners and pro se litigants should note that appellate dismissals entered without prejudice may, depending on the reason, allow for re-filing or correction of the jurisdictional or procedural defect that prompted dismissal.