Legal Question in Business Law in Florida

Re: Appeals court affirmed lower court ruling that ignores receiver ship laws

The per curiam affirmance disposition of appeals is frustrating to litigants and their attorneys because the court does not explain the legal or factual basis for its ruling. This makes it almost impossible to seek further review of the ruling by way of appeal to a higher court or by way of a motion for rehearing or rehearing en banc. There has been a lot of discussion in the past few years in the bar of doing away with per curiam dispositions in the intermediate appellate courts of Florida, but no change appears imminent, nor would it help you in your case. Fourth Distict Court of Appeal Judge Gary Farmer is famous for, among other things, before he was elevated to the bench, moving for rehearing of a per curiam affirmance by I believe it was the Third District Court of Appeal. You might find some guidance from that in your case. But, at this point, there is no way to compel the District Court of Appeal to explain how they reached their decision. However, if you believe their decision could only have resulted from a misunderstanding of the facts, then a motion for rehearing would be your next step. Appellate courts are open to being corrected if they really messed up on something. Of course, it is difficult to point to the error made by the court when the court failed to explain how it reached its decision. Good luck!