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David v. Murphy v. State of Florida

Citation: Not availableDocket: 19-1016

Court: District Court of Appeal of Florida; September 19, 2019; Florida; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

David V. Murphy appealed a decision from the Circuit Court for Duval County, presided over by Judge Maureen Horkan. The First District Court of Appeal of Florida affirmed the lower court's ruling on September 19, 2019. The opinion was issued per curiam, meaning it was delivered collectively by the court without identifying an individual judge as the author. Justices Lewis, Osterhaus, and Kelsey concurred with the decision. The ruling is not final and remains subject to any timely motions filed under Florida Rules of Appellate Procedure 9.330 or 9.331. Murphy represented himself in the appeal, while the State of Florida was represented by Attorney General Ashley Moody and Senior Assistant Attorney General Bryan Jordan from Tallahassee.

Legal Issues Addressed

Concurrence of Justices

Application: All participating justices agreed with the decision of the court, showing unanimity in the appellate court's ruling.

Reasoning: Justices Lewis, Osterhaus, and Kelsey concurred with the decision.

Non-finality of Appellate Ruling

Application: The appellate court's decision is not final and can be subject to further motions, indicating the possibility for reconsideration or alteration.

Reasoning: The ruling is not final and remains subject to any timely motions filed under Florida Rules of Appellate Procedure 9.330 or 9.331.

Per Curiam Opinion

Application: The decision was delivered collectively by the court without attributing it to a specific judge, indicating a unified agreement among the judges.

Reasoning: The opinion was issued per curiam, meaning it was delivered collectively by the court without identifying an individual judge as the author.

Self-representation in Appellate Procedure

Application: The appellant, David V. Murphy, represented himself in the appeal, demonstrating a party's right to self-representation in legal proceedings.

Reasoning: Murphy represented himself in the appeal, while the State of Florida was represented by Attorney General Ashley Moody and Senior Assistant Attorney General Bryan Jordan from Tallahassee.