Ware v. Department of Corrections
Docket 1D2024-3043
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Florida
- Court
- District Court of Appeal of Florida
- Type
- Opinion
- Case type
- Other
- Disposition
- Affirmed
- Docket
- 1D2024-3043
Appeal from the Circuit Court for Lafayette County involving appellant Emerson Ware and the Department of Corrections.
Summary
The Florida First District Court of Appeal reviewed an appeal by Emerson Ware from a circuit court decision involving the Department of Corrections. The appellate court issued a short per curiam decision on May 5, 2026, simply stating the judgment was affirmed. No substantive opinion or reasoning was provided in the published entry; the judges concurred and the panel noted the appeal is not final until any timely motions under the Florida Rules of Appellate Procedure are resolved.
Issue Decided
- Whether the circuit court's judgment adverse to Emerson Ware should be reversed by the First District Court of Appeal
Court's Reasoning
The opinion is a brief per curiam affirmance that does not set out the court's detailed reasoning. The court affirmed the lower court's judgment without opinion, indicating the appellate panel found no reversible error. The decision notes that it is subject to resolution of any timely, authorized motions under the Florida appellate rules.
Parties
- Appellant
- Emerson Ware
- Appellee
- Department of Corrections
- Judge
- David William Fina
- Attorney
- James Uthmeier, Attorney General
- Attorney
- Anne Catherine Conley, Assistant Attorney General
Key Dates
- Decision date
- 2026-05-05
What You Should Do Next
- 1
Consider filing authorized post-decision motions
If the appellant believes there are grounds, they should consider timely filing motions under Fla. R. App. P. 9.330 or 9.331 (motion for rehearing or clarification) before the decision becomes final.
- 2
Consult appellate counsel
Because the opinion contains no reasoning, the appellant should consult an attorney to review the lower-court record and determine whether grounds exist for rehearing or further review.
- 3
Review deadlines for further review
Confirm and comply with statewide deadlines for filing motions for rehearing or a petition for discretionary review to avoid losing appellate remedies.
Frequently Asked Questions
- What did the court decide?
- The appellate court affirmed the circuit court's judgment against Emerson Ware on May 5, 2026.
- Did the court explain its reasons?
- No. The opinion is a brief per curiam affirmance and does not include detailed reasoning.
- Who is affected by this decision?
- The primary parties affected are Emerson Ware (the appellant) and the Florida Department of Corrections (the appellee).
- Can this decision be challenged further?
- Potentially — the filing notes the decision is not final until any timely, authorized motions under Florida Rule of Appellate Procedure 9.330 or 9.331 are resolved; further review (such as a motion for rehearing or seeking review by the Florida Supreme Court) may be possible depending on those rules and grounds.
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
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D2024-3043
_____________________________
EMERSON WARE,
Appellant,
v.
DEPARTMENT OF CORRECTIONS,
Appellee.
_____________________________
On appeal from the Circuit Court for Lafayette County.
David William Fina, Judge.
May 5, 2026
PER CURIAM.
AFFIRMED.
KELSEY, LONG, and TREADWELL, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Emerson Ware, pro se, Appellant.
James Uthmeier, Attorney General, and Anne Catherine Conley,
Assistant Attorney General, Tallahassee, for Appellee.
2