Dustin v. State — Fifth District affirmed without a written explanation

Case
Danny Richard Dustin v. State of Florida
Court
Florida Fifth District Court of Appeal
Judge
Eisnaugle; Harris; Boatwright
Date Decided
September 1, 2026
Docket No.
5D2025-2078
Topics
Criminal Appeal, Per Curiam Affirmance
Source
Read the full opinion

Background

Danny Richard Dustin appealed from a proceeding in the Circuit Court for Clay County, where Circuit Judge James E. Kallaher presided. The Fifth District’s opinion does not describe the underlying facts, charges, arguments, or specific ruling under review.

Dustin was represented on appeal by the Public Defender’s Office, and the State was represented by the Attorney General’s Office.

The Court’s Holding

The Florida Fifth District Court of Appeal affirmed. The court issued a per curiam disposition consisting only of the word “AFFIRMED.”

Because the opinion provides no reasoning, it establishes only that the result below remains undisturbed. Judges Eisnaugle, Harris, and Boatwright concurred.

Key Takeaways

  • The Fifth District affirmed the matter appealed from the Clay County Circuit Court.
  • The court did not identify the issues presented or explain its reasoning.
  • Judges Eisnaugle, Harris, and Boatwright comprised the panel and concurred in the disposition.

Why It Matters

The decision resolves Dustin’s appeal at the Fifth District without a written explanation of the governing law or its application. Its significance is therefore limited to the affirmance in this case.

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