Background
Kelly Lamont Whisby, proceeding without counsel, appealed from the Circuit Court for Duval County. The appeal arose from lower-tribunal case number 2009-CF-007169-A.
The Fifth District Court of Appeal’s decision does not describe the underlying charges, the order under review, Whisby’s arguments, or the State’s response.
The Court’s Holding
The Fifth District affirmed the circuit court’s decision in a per curiam ruling.
The court issued no written analysis and identified no legal or factual basis for the affirmance. Judges Wallis, Boatwright, and Kilbane concurred.
Key Takeaways
- The Fifth District affirmed the circuit court’s decision.
- The ruling was per curiam and contained no explanation of the court’s reasoning.
- The opinion does not disclose the issues raised on appeal or the nature of the underlying ruling.
Why It Matters
The decision leaves the circuit court’s ruling in place but provides no written reasoning for attorneys or lower courts to apply in other cases.
The decision was not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.