Schirard v. Brevard County — Fifth District affirmed without a written explanation

Case
J. Patrick Schirard, as Trustee of the J. Patrick Schirard Premarital Assets Revocable Living Trust, Dated June 15, 2001 v. Brevard County, Florida
Court
Florida Fifth District Court of Appeal
Judge
Boatwright (Ron DeSantis, 2022); KILBANE (Ron DeSantis, 2022)
Date Decided
August 4, 2026
Docket No.
5D2025-1705
Topics
Civil Appeal, Per Curiam Affirmance
Source
Read the full opinion

Background

J. Patrick Schirard, acting as trustee of the J. Patrick Schirard Premarital Assets Revocable Living Trust dated June 15, 2001, pursued an action against Brevard County, Florida, in the Circuit Court for Brevard County. Circuit Judge George Thomas Paulk, II, entered the ruling from which Schirard appealed.

The appellate court’s opinion does not describe the underlying dispute, the circuit court’s ruling, the issues raised on appeal, or the parties’ arguments. The Fifth District therefore supplied no factual or procedural detail beyond identifying the parties, the lower court, and the appeal.

The Court’s Holding

The Florida Fifth District Court of Appeal affirmed the circuit court’s decision. Its entire merits disposition was “AFFIRMED.”

The decision was issued per curiam, with Judges Boatwright, Kilbane, and MacIver concurring. Because the court provided no reasoning, the opinion does not announce an express legal rule or explain why the challenged judgment was upheld.

Key Takeaways

  • The Fifth District left the Brevard County circuit court’s ruling in place.
  • The court issued a per curiam affirmance without explaining its reasoning.
  • The opinion identifies no underlying facts, appellate issues, or legal standard.

Why It Matters

The immediate effect is that the circuit court’s ruling remains undisturbed. The opinion states that it is not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.

Because the court did not issue a written analysis, the decision provides no substantive guidance on the law governing the parties’ dispute.

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