Russell v. State — Florida’s Fifth District affirmed without a written opinion

Case
Wade Gene Russell v. State of Florida
Court
Florida Fifth District Court of Appeal
Judge
JAY, C.J. (Ron DeSantis, 2023); Lambert, J. (Rick Scott, 2014); Kilbane, J. (Ron DeSantis, 2022)
Date Decided
September 17, 2026
Docket No.
5D2026-0402
Topics
Criminal Appeal; Per Curiam Affirmance; Appellate Procedure
Source
Read the full opinion

Background

Wade Gene Russell appealed from a judgment of the County Court for Lake County in lower-tribunal case number 2024-MM-007698-A. County Judge Emily Lauren Curington presided below.

The Fifth District Court of Appeal’s opinion does not describe the charge, the underlying facts, Russell’s arguments, or the State’s response. Russell was represented on appeal by the Public Defender’s Office, and the State was represented by the Attorney General’s Office.

The Court’s Holding

The Fifth District affirmed the county court’s judgment in a per curiam decision. Chief Judge Jay and Judges Lambert and Kilbane concurred.

The court provided no reasoning or discussion of the issues presented. The opinion therefore establishes only that the judgment under review was affirmed and does not identify a broader legal holding.

Key Takeaways

  • The Fifth District affirmed the county court’s judgment.
  • The decision was issued per curiam without a written explanation.
  • The opinion does not disclose the underlying facts, appellate arguments, or grounds for affirmance.

Why It Matters

Because the court issued an unexplained per curiam affirmance, the decision resolves Russell’s appeal but offers no substantive guidance on the legal issues involved.

The decision was 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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