Ellison v. State — affirmed the judgment without a written explanation

Case
Marvin H. Ellison, Jr. v. State of Florida
Court
Florida Fifth District Court of Appeal
Judge
Edwards; Eisnaugle; Harris
Date Decided
September 8, 2026
Docket No.
5D2025-0293
Topics
Criminal Appeals, Per Curiam Affirmance
Source
Read the full opinion

Background

Marvin H. Ellison, Jr. appealed from a judgment of the Circuit Court for Lake County in criminal case number 2023-CF-000706-A. Circuit Judge James R. Baxley presided over the proceeding below.

The Fifth District Court of Appeal’s opinion does not describe the charge, the underlying facts, the arguments raised on appeal, or the relief Ellison requested.

The Court’s Holding

The Fifth District affirmed the circuit court’s judgment in a per curiam decision. Judges Edwards, Eisnaugle, and Harris concurred.

The court provided no written reasoning and did not address any legal issue expressly. The opinion therefore establishes only that the judgment under review was affirmed.

Key Takeaways

  • The Fifth District affirmed the circuit court’s judgment.
  • The decision was issued per curiam by a three-judge panel.
  • The opinion contains no factual discussion, legal analysis, or explanation of the grounds for affirmance.

Why It Matters

The ruling leaves the circuit court’s judgment intact but offers no written guidance on the legal questions presented. Attorneys cannot infer from the summary affirmance that the Fifth District adopted any particular rationale advanced below.

The decision was designated not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.

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