Klivington v. Evans — Florida appeals court denied prohibition petition

Case
Diane Laura Klivington v. Bradley K. Evans
Court
Florida First District Court of Appeal
Judge
Roberts; Nordby; Neff
Date Decided
September 29, 2026
Docket No.
1D2026-2813
Topics
Writ of Prohibition, Appellate Procedure, Original Proceedings
Source
Read the full opinion

Background

Diane Laura Klivington filed a petition for a writ of prohibition against Bradley K. Evans in the Florida First District Court of Appeal. The matter came before the court as an original proceeding.

The opinion provides no facts, procedural history, or description of the ruling or conduct that Klivington sought to prohibit. Evans did not appear in the appellate proceeding.

The Court’s Holding

The First District Court of Appeal denied the petition for a writ of prohibition. The per curiam opinion states only “DENIED.”

Because the court supplied no reasoning, the opinion does not identify the ground for denial or decide any expressly stated legal issue. Judges Roberts, Nordby, and Neff concurred.

Key Takeaways

  • The court denied Klivington’s petition for a writ of prohibition.
  • The decision was issued per curiam by a three-judge panel.
  • The opinion contains no factual discussion, legal analysis, or explanation for the denial.

Why It Matters

The decision ends this original prohibition proceeding in the First District Court of Appeal, subject to disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.

Because the court did not explain its decision, the opinion offers no articulated rule or analysis for attorneys to apply in other prohibition proceedings.

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