Cunningham — First District summarily affirmed his judgment without a written opinion

Case
Nathaniel Lee Cunningham, Jr. v. State of Florida
Court
Florida First District Court of Appeal
Judge
Osterhaus, C.J.; Roberts, J.; Nordby, J.
Date Decided
September 17, 2026
Docket No.
1D2025-1568
Topics
Criminal Appeals; Per Curiam Affirmance
Source
Read the full opinion

Background

Nathaniel Lee Cunningham, Jr. appealed from a judgment of the Circuit Court for Escambia County. Circuit Judge John F. Simon, Jr. presided over the proceedings below.

The First District’s opinion does not identify the charges, Cunningham’s arguments on appeal, or the factual and procedural details underlying the case.

The Court’s Holding

The Florida First District Court of Appeal affirmed the circuit court’s judgment in a per curiam decision.

The court provided no reasoning or discussion of the issues presented. Accordingly, the opinion establishes only that the judgment was affirmed and does not disclose the panel’s rationale.

Key Takeaways

  • The First District affirmed the circuit court’s judgment.
  • The ruling was unanimous, with Chief Judge Osterhaus and Judges Roberts and Nordby concurring.
  • Because the court issued a per curiam affirmance without explanation, the opinion supplies no factual analysis or articulated rule of law.

Why It Matters

The decision leaves the circuit court’s judgment in place but offers attorneys no written analysis explaining why the appellant’s challenge failed.

The opinion was designated not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.

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