Harvey v. State — Fifth DCA affirmed without a written opinion

Case
Bryan Richard Harvey v. State of Florida
Court
Florida Fifth District Court of Appeal
Judge
Makar; Eisnaugle; Harris
Date Decided
October 6, 2026
Docket No.
5D2025-2277
Topics
Criminal Appeal; Per Curiam Affirmance; Appellate Procedure
Source
Read the full opinion

Background

Bryan Richard Harvey appealed from a proceeding in the Circuit Court for Clay County before Judge Steven B. Whittington. The Fifth District identified the lower-tribunal case as No. 10-2025-CF-63-A.

The opinion does not describe the underlying charges, the challenged ruling, the arguments presented on appeal, or the relevant facts. Harvey was represented 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 circuit court’s decision. The court issued a per curiam affirmance consisting only of the word “AFFIRMED.”

Because the court provided no reasoning, the opinion establishes no stated legal rationale and does not identify the particular grounds on which the lower court’s decision was upheld. Judges Makar, Eisnaugle, and Harris concurred.

Key Takeaways

  • The Fifth District affirmed the circuit court’s decision.
  • The court issued a per curiam affirmance without a written explanation.
  • The opinion does not disclose the underlying facts, issues raised, or legal basis for affirmance.

Why It Matters

The ruling leaves the circuit court’s decision in place but offers practitioners no written analysis to apply in other cases. Its immediate significance is therefore primarily procedural and limited to the disposition of Harvey’s appeal.

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

✉️ Get tomorrow’s cases before your first coffee
Daily Case Law is our free morning digest — the most substantive new decisions, filtered to your jurisdictions and topics, each linking back here for the full analysis.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top