Sherer v. Sherer — First District summarily affirmed because the appellant failed to show a preliminary basis for reversal

Case
Holly Ballinger Sherer v. Andrew Richard Sherer
Court
Florida First District Court of Appeal
Judge
Rowe; M.K. THOMAS (Rick Scott, 2016); Treadwell
Date Decided
November 4, 2026
Docket No.
1D2026-3160
Topics
Appellate Procedure, Summary Affirmance, Pro Se Appeals
Source
Read the full opinion

Background

Holly Ballinger Sherer, proceeding pro se, appealed from the Circuit Court for Escambia County. The opinion identifies Randall Todd Harris as the circuit judge and Andrew Richard Sherer as the appellee.

The appellate court’s brief opinion does not describe the underlying dispute, the ruling challenged on appeal, or the arguments raised by the appellant. No appearance was entered for the appellee.

The Court’s Holding

The Florida First District Court of Appeal summarily affirmed. It held that the appellant failed to show a preliminary basis for reversal.

The court cited Florida Rule of Appellate Procedure 9.315(a) as authority for the summary disposition. Judges Rowe, M.K. Thomas, and Treadwell concurred in the per curiam opinion.

Key Takeaways

  • An appellant must show a preliminary basis for reversal to avoid summary affirmance under Florida Rule of Appellate Procedure 9.315(a).
  • The court affirmed without describing the underlying dispute or the specific ruling challenged.
  • The appellant appeared pro se, and the appellee made no appearance.

Why It Matters

The decision illustrates the First District’s use of Rule 9.315(a) when an appellant fails to make the threshold showing required for reversal. Because the opinion provides no facts or substantive analysis, its stated basis is limited to that procedural determination.

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