Distefano — Fifth DCA affirmed without a written opinion

Case
John Mark Distefano v. State of Florida
Court
Florida Fifth District Court of Appeal
Judge
Makar; Edwards; Soud
Date Decided
September 22, 2026
Docket No.
5D2025-0920
Topics
Criminal Appeal; Per Curiam Affirmance; Appellate Procedure
Source
Read the full opinion

Background

John Mark Distefano appealed from a judgment or order of the Circuit Court for Sumter County in lower-tribunal case number 60-2023-CF-688-A. Circuit Judge Mary P. Hatcher presided below.

The Fifth District Court of Appeal’s opinion does not describe the charges, underlying facts, issues raised on appeal, or arguments presented by the parties.

The Court’s Holding

The Fifth District affirmed the circuit court’s decision in a per curiam disposition.

The court provided no written reasoning or discussion of the appellate issues. Judges Makar, Edwards, and Soud concurred.

Key Takeaways

  • The Fifth District affirmed the circuit court’s decision.
  • The court issued a per curiam affirmance without a written opinion.
  • The disposition does not identify the facts, appellate arguments, or legal grounds for affirmance.

Why It Matters

The ruling leaves the circuit court’s decision in place, subject to disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.

Because the court supplied no reasoning, the opinion offers no substantive legal analysis or articulated rule for attorneys to apply in other cases.

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