Narrative Opinion Summary
Timothy Glynn McDonald appealed a decision from the Division of Administrative Hearings regarding a case involving the Department of Revenue and Holly Ann Otten. The First District Court of Appeal of Florida, in a per curiam decision, affirmed the lower court's ruling. The panel included Judges Kelsey, Winokur, and M.K. Thomas, who concurred with the decision. The ruling is not final until all timely and authorized motions under Florida Rules of Appellate Procedure 9.330 or 9.331 are resolved. Representation for the appellant was provided by Todd M. LaDouceur and Jay C. Hamilton, while the appellees were represented by Ashley Moody, Toni C. Bernstein, and John Booth.
Legal Issues Addressed
Appellate Review and Affirmationsubscribe to see similar legal issues
Application: The First District Court of Appeal of Florida reviewed the decision from the Division of Administrative Hearings and affirmed the ruling, indicating that the appellate court found no reversible error in the lower court's decision.
Reasoning: The First District Court of Appeal of Florida, in a per curiam decision, affirmed the lower court's ruling.
Finality of Appellate Decisionssubscribe to see similar legal issues
Application: The court's decision is not considered final until all potential post-decision motions are resolved, ensuring that parties have the opportunity to file motions for rehearing or clarification under the specified appellate rules.
Reasoning: The ruling is not final until all timely and authorized motions under Florida Rules of Appellate Procedure 9.330 or 9.331 are resolved.
Judicial Concurrencesubscribe to see similar legal issues
Application: The unanimous concurrence of the panel of judges in the appellate decision demonstrates agreement among the judges on the panel regarding the outcome of the case.
Reasoning: The panel included Judges Kelsey, Winokur, and M.K. Thomas, who concurred with the decision.