Stewart v. Comerford — Florida appeals court dismissed certiorari petition

Case
Levert Stewart v. Richard Comerford, Secretary, Florida Department of Corrections
Court
Florida First District Court of Appeal
Judge
Rowe; M.K. THOMAS (Rick Scott, 2016); Treadwell
Date Decided
October 26, 2026
Docket No.
1D2026-0038
Topics
Certiorari, Appellate Procedure, Corrections
Source
Read the full opinion

Background

Levert Stewart, proceeding without counsel, filed an original proceeding in the Florida First District Court of Appeal against Richard Comerford, Secretary of the Florida Department of Corrections.

Stewart sought a writ of certiorari. The brief opinion does not describe the underlying dispute, the ruling for which review was sought, or Stewart’s arguments. The respondent did not appear.

The Court’s Holding

The First District Court of Appeal dismissed Stewart’s petition for a writ of certiorari.

The per curiam opinion provides no reasoning or stated basis for the dismissal. Judges Rowe, M.K. Thomas, and Treadwell concurred.

Key Takeaways

  • The court dismissed the petition for a writ of certiorari.
  • The opinion does not identify the grounds for dismissal.
  • The decision was not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.

Why It Matters

The decision ends this original certiorari proceeding unless affected by a timely and authorized post-decision motion. Because the court supplied no factual discussion or legal analysis, the opinion offers no stated rule or rationale for application in other cases.

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