Fitch v. State — affirmed the circuit court without a written explanation

Case
James Virgil Fitch, Jr. v. State of Florida
Court
Florida Sixth District Court of Appeal
Judge
Wozniak; Mize; Kamoutsas
Date Decided
September 22, 2026
Docket No.
6D2024-2645
Topics
Criminal Appeal, Postconviction Procedure, Summary Affirmance
Source
Read the full opinion

Background

James Virgil Fitch, Jr. appealed from a ruling of the Circuit Court for Polk County in lower-tribunal case number 2004-CF-007645. Circuit Judge Susan L. Barber entered the ruling under review.

The appeal proceeded under Florida Rule of Appellate Procedure 9.141(b)(2). The Sixth District’s opinion does not describe Fitch’s claims, the circuit court’s reasoning, or the underlying facts.

The Court’s Holding

The Florida Sixth District Court of Appeal affirmed the circuit court’s ruling.

The per curiam opinion contains no legal analysis or explanation of the grounds for affirmance. Judges Wozniak, Mize, and Kamoutsas concurred.

Key Takeaways

  • The Sixth District left the circuit court’s ruling in place.
  • The court decided the appeal through a per curiam affirmance without a written rationale.
  • The opinion does not identify the issues raised or establish an express rule of law.

Why It Matters

The decision ends this stage of Fitch’s challenge without providing substantive guidance for other litigants. Because the court supplied no reasoning, the opinion offers no explanation of how the panel evaluated the claims presented.

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