Background
Michael Tomas Lebron Rivera appealed a judgment entered against him by the Circuit Court for Dixie County, Florida, before Judge Frederick L. Koberlein, Jr. The nature of the underlying conviction or order is not detailed in the appellate opinion itself, which was issued as a per curiam affirmance without written elaboration.
Rivera was represented on appeal by Robert L. Sirianni, Jr. of Brownstone, P.A., in Winter Park, Florida. The State was represented by Attorney General James Uthmeier’s office in Tallahassee.
The Court’s Holding
The First District Court of Appeal affirmed the circuit court’s judgment in a one-word per curiam decision. Judges Kelsey, Nordby, and Neff all concurred in the affirmance without issuing a written opinion explaining the court’s reasoning.
The decision is not yet final and remains subject to rehearing or clarification upon the timely filing of any authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.
Key Takeaways
- The First DCA issued a per curiam affirmance (PCA), upholding the Dixie County circuit court’s ruling without written opinion.
- PCAs carry no precedential value and provide no published reasoning that can be cited in future cases.
- The decision remains non-final pending the expiration of the window for authorized post-decision motions under Fla. R. App. P. 9.330 or 9.331.
Why It Matters
While this per curiam affirmance does not establish precedent or provide written legal analysis, it signals that a three-judge panel of the First DCA found no reversible error in the proceedings below. For Rivera, appellate options at this stage may include seeking rehearing, rehearing en banc, or discretionary review before the Florida Supreme Court on limited grounds.
Practitioners should note that the absence of a written opinion forecloses the use of this decision as persuasive or binding authority in other matters. The case illustrates the routine use of PCAs by Florida district courts of appeal to resolve appeals where the panel unanimously finds the lower court’s judgment to be correct without a need for elaboration.