Day v. Fleck — affirmed the circuit court without a written explanation

Case
James C. Day v. John P. Fleck
Court
Florida Second District Court of Appeal
Judge
Lucas, C.J. (Rick Scott, 2014); Khouzam, J. (Charlie Crist, 2008); Sleet, J. (Rick Scott, 2012)
Date Decided
October 21, 2026
Docket No.
2D2026-1120
Topics
Appeals, Per Curiam Affirmance
Source
Read the full opinion

Background

James C. Day appealed an order of the Circuit Court for Manatee County, where Judge Stephen M. Whyte presided. The appeal proceeded under Florida Rule of Appellate Procedure 9.130.

Day and appellee John P. Fleck each represented himself. The appellate opinion does not describe the underlying dispute, the order under review, or the parties’ arguments.

The Court’s Holding

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

The court issued a per curiam affirmance without explaining its reasoning or deciding any stated legal issue. Chief Judge Lucas and Judges Khouzam and Sleet concurred.

Key Takeaways

  • The Second District affirmed the circuit court’s ruling.
  • The decision was unanimous and issued per curiam.
  • The opinion provides no facts, reasoning, or articulated rule of law.

Why It Matters

The decision ends this appeal in Fleck’s favor while leaving the circuit court’s ruling intact. Because the opinion contains no explanation, it offers no stated legal analysis for attorneys to apply in other cases.

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