Background
Herman Lee Brown, III, appealed a judgment entered against him in the Circuit Court for Alachua County, where the Honorable Sean David Brewer presided. The nature of the underlying criminal proceedings is not detailed in the appellate opinion, which was issued as a per curiam affirmance without written elaboration of the facts or legal issues raised on appeal.
Brown was represented on appeal by Ryan McFarland of Kent & McFarland in Jacksonville. The State was represented by Attorney General James Uthmeier and Assistant Attorney General Daren L. Shippy of Tallahassee.
The Court’s Holding
The First District Court of Appeal affirmed the circuit court’s judgment in a per curiam opinion. Judges Roberts, Ray, and Treadwell all concurred in the affirmance. The court issued no written opinion explaining its reasoning, which is a common practice in Florida appellate courts when the lower court’s ruling is deemed clearly correct or when the issues raised lack sufficient merit to warrant extended discussion.
The decision is not yet final and remains subject to rehearing or clarification upon the filing of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.
Key Takeaways
- The First DCA affirmed the Alachua County circuit court’s judgment against Herman Lee Brown, III, without written opinion.
- All three judges on the panel — Roberts, Ray, and Treadwell — concurred in the affirmance.
- The decision is a per curiam affirmance (PCA), meaning the appellate court found no reversible error warranting discussion.
Why It Matters
Per curiam affirmances of this kind, while unremarkable on their face, signal that the appellate panel found the issues raised on appeal unmeritorious without requiring elaboration. For practitioners, a PCA forecloses further appeal to the Florida Supreme Court on the merits absent a certified question or express and direct conflict with another district court.
Attorneys handling similar matters in the First DCA should note that this outcome provides no citable precedent, as Florida’s per curiam affirmances without written opinion carry no precedential value under Florida Rule of Appellate Procedure 9.330.