McKee v. State — Fifth District affirmed without a written explanation

Case
Thomas John McKee, II v. State of Florida
Court
Florida Fifth District Court of Appeal
Judge
JAY, C.J. (Ron DeSantis, 2023); WALLIS, J. (Rick Scott, 2013); Soud, J. (Ron DeSantis, 2022)
Date Decided
September 10, 2026
Docket No.
5D2026-0403
Topics
Criminal Appeals, Per Curiam Affirmance
Source
Read the full opinion

Background

Thomas John McKee, II appealed from a judgment or order of the County Court for Lake County in lower-tribunal case number 2025-MM-002868-A. County Judge Emily Curington presided below.

The Fifth District Court of Appeal’s opinion does not describe the underlying charge, the relevant facts, the arguments raised on appeal, or the specific ruling under review.

The Court’s Holding

The Fifth District affirmed the county court’s decision in a per curiam disposition. Chief Judge Jay and Judges Wallis and Soud concurred.

Because the appellate court provided no written reasoning beyond “AFFIRMED,” the opinion establishes only that the challenged decision remained in effect. It does not identify the legal grounds for affirmance or announce a substantive rule of law.

Key Takeaways

  • The Fifth District affirmed the Lake County court’s decision.
  • The court issued a per curiam affirmance without an explanatory opinion.
  • The opinion supplies no facts, legal analysis, or stated basis for the result.

Why It Matters

The ruling ends the appeal at the Fifth District level while leaving the lower court’s decision intact, subject to any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331. Its practical value is limited because the court did not explain its reasoning or articulate a legal principle.

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