Whyte v. Athene Annuity — Fourth District affirmed without a written opinion

Case
Gregory Whyte v. Athene Annuity and Life Company
Court
Florida Fourth District Court of Appeal
Judge
May; Shepherd; Shaw
Date Decided
October 22, 2026
Docket No.
4D2026-0183
Topics
Per Curiam Affirmance, Appellate Procedure
Source
Read the full opinion

Background

Gregory Whyte appealed from a decision of the Circuit Court for the Seventeenth Judicial Circuit in Broward County. Circuit Judge Carlos Augusto Rodriguez presided over the underlying case, docketed as No. 062025CA001205AXXXCE.

Whyte represented himself on appeal. Athene Annuity and Life Company was represented by Wendy Griffith of Bitman O’Brien, PLLC. The appellate court’s brief opinion does not describe the underlying claims, the circuit court’s ruling, or the arguments raised on appeal.

The Court’s Holding

The Fourth District Court of Appeal affirmed the circuit court’s decision in a per curiam disposition. Judges May, Shepherd, and Shaw concurred.

The court provided no reasoning or discussion of the merits. The opinion stated that it was not final until disposition of any timely filed motion for rehearing.

Key Takeaways

  • The Fourth District affirmed the circuit court’s decision.
  • The court issued a per curiam affirmance without explaining its reasoning.
  • The opinion was subject to disposition of any timely filed motion for rehearing before becoming final.

Why It Matters

The disposition leaves the circuit court’s ruling in place but supplies no written analysis for attorneys or lower courts to apply in other cases. Because the opinion does not identify the issues presented or explain the basis for affirmance, no broader substantive holding can reliably be drawn from it.

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