What did the court decide?

The appellate court affirmed the lower court's judgment in favor of the appellees; the short opinion contains no published explanation.

Who is affected by this decision?

Appellant John Daniel Smith and the appellees (attorneys and their firm) are directly affected; the trial court's judgment remains in force.

Can this decision be appealed further?

A further appeal to the Florida Supreme Court may be possible by petition, but this document does not address whether discretionary review was or will be sought.

What happens next procedurally?

Unless a timely motion for rehearing is filed (noted as the opinion not final until that time expires), the mandate will issue and the trial-court judgment will be final and enforceable.

John Daniel Smith v. Kenneth Edward Kemp, II, Elizabeth Claire Bentley, and Patrone, Kemp, Bentley & MacE, P.A.

Docket 6D2023-3209

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilAffirmed

Filed: Apr 28, 2026 · 3 days ago
Jurisdiction: Florida
Court: District Court of Appeal of Florida
Type: Opinion
Case type: Civil
Disposition: Affirmed
Docket: 6D2023-3209

Appeal from a final decision of the Circuit Court for Lee County (lower tribunal no. 21-CA-2959).

Summary

The Sixth District Court of Appeal affirmed the trial court's judgment in a consolidated appeal (6D2023-3209 and 6D2023-3444) brought by John Daniel Smith against attorneys Kenneth E. Kemp II, Elizabeth Claire Bentley, and the law firm Patrone, Kemp & Bentley, P.A. The opinion is per curiam, dated April 28, 2026, and contains no published reasoning beyond the single-word disposition "AFFIRMED." The panel (Nardella, White, and Smith JJ.) concurred, and counsel for the parties are listed.

Issue Decided

Whether the circuit court's judgment adverse to appellant John Daniel Smith should be reversed as to appellees Kenneth E. Kemp II, Elizabeth Claire Bentley, and Patrone, Kemp & Bentley, P.A.

Court's Reasoning

The opinion is per curiam and provides no authored explanation; the court affirmed the lower court's decision without published discussion. Because no substantive legal analysis is included in the document, the appellate decision stands on the trial court's ruling and the panel's summary disposition of the appeal.

Parties

Appellant: John Daniel Smith
Appellee: Kenneth Edward Kemp II
Appellee: Elizabeth Claire Bentley
Appellee: Patrone, Kemp & Bentley, P.A.
Judge: James Shenko
Attorney: Scott E. Siverson
Attorney: T. Brandon Mace
Attorney: Robin D. Merriman, II
Attorney: Meredith A. McBride

Key Dates

Decision date: 2026-04-28

What You Should Do Next

1
Consider filing a motion for rehearing
If the appellant believes there are legal errors or points overlooked, file a timely motion for rehearing in the Sixth District before the rehearing deadline expires.
2
Evaluate petition for review to the Florida Supreme Court
If important state-law or constitutional issues exist, consult counsel about seeking discretionary review by the Florida Supreme Court and prepare a jurisdictional petition if appropriate.
3
Prepare to comply with or enforce the trial-court judgment
Parties should take steps to satisfy, collect, or otherwise enforce the affirmed judgment, or to protect assets if payment or other relief is required.

Frequently Asked Questions

What did the court decide?: The appellate court affirmed the lower court's judgment in favor of the appellees; the short opinion contains no published explanation.
Who is affected by this decision?: Appellant John Daniel Smith and the appellees (attorneys and their firm) are directly affected; the trial court's judgment remains in force.
Can this decision be appealed further?: A further appeal to the Florida Supreme Court may be possible by petition, but this document does not address whether discretionary review was or will be sought.
What happens next procedurally?: Unless a timely motion for rehearing is filed (noted as the opinion not final until that time expires), the mandate will issue and the trial-court judgment will be final and enforceable.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

SIXTH DISTRICT COURT OF APPEAL
                       STATE OF FLORIDA
                      _____________________________

                    Case Nos. 6D2023-3209, 6D2023-3444
                             CONSOLIDATED
                      Lower Tribunal No. 21-CA-2959
                     _____________________________

                             JOHN DANIEL SMITH,

                                  Appellant,

                                      v.

         KENNETH EDWARD, KEMP II, ELIZABETH CLAIRE BENTLEY, and
                  PATRONE, KEMP & BENTLEY, P.A., et al.,

                                  Appellees.

                      _____________________________

                 Appeal from the Circuit Court for Lee County.
                            James Shenko, Judge.

                                April 28, 2026

PER CURIAM.

      AFFIRMED.

NARDELLA, WHITE and SMITH JJ., concur.


Scott E. Siverson, of Siverson Law Firm PLLC, Winter Garden, for Appellant.

T. Brandon Mace, of Kemp & Mace, P.A., Fort Myers, for Appellees, Kenneth E.
Kemp, II and Patrone, Kemp & Bentley, P.A.

Robin D. Merriman, II, and Meredith A. McBride, of The Merriman Law Firm,
P.L.L.C., Estero, for Appellee, Elizabeth Claire Bentley.
No Appearance for Other Appellee.


 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
          AND DISPOSITION THEREOF IF TIMELY FILED




                                    2