Simmons v. Comerford — Appeal dismissed

Case
Simmons v. Comerford, Secretary, Florida Department of Corrections, et al.
Court
Florida First District Court of Appeal
Judge
Rowe (Charlie Crist, 2009); Bilbrey (Rick Scott, 2014)
Date Decided
July 17, 2026
Docket No.
1D2026-1434
Topics
Appellate Procedure, Corrections
Source
Read the full opinion

Background

Charles D. Simmons appealed from a final decision entered by the Circuit Court for Madison County, Hon. E. Bailey Browning, III presiding. Simmons appeared pro se (self-represented) in this appeal against Richard Comerford, Secretary of the Florida Department of Corrections, and other state officials.

The Court’s Holding

The Florida First District Court of Appeal dismissed the appeal in a per curiam order. The court issued no opinion explaining the grounds for dismissal, whether procedural defects, lack of standing, or substantive deficiencies in the appeal.

Key Takeaways

  • The appellate court entered a bare dismissal without opinion or stated reasoning.
  • Pro se litigants must comply with appellate rules and procedures; failure to do so may result in dismissal.
  • The dismissal is not final pending any timely motion under Fla. R. App. P. 9.330 or 9.331.

Why It Matters

Without an explanatory opinion, the precise basis for dismissal remains unclear from the record. Litigants (especially those self-represented) should ensure strict compliance with appellate filing and briefing requirements, as procedural defects can result in loss of appellate review.

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