Derek D. Durant v. State of Florida
Docket 6D2024-0445
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
- Criminal Appeal
- Disposition
- Affirmed
- Docket
- 6D2024-0445
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Lee County
Summary
The Sixth District Court of Appeal reviewed Derek D. Durant's appeal from the Lee County circuit court under Florida Rule of Appellate Procedure 9.141(b)(2). The appellate court issued a brief per curiam decision on April 28, 2026, affirming the lower court's judgment. No separate opinion or explanation of reasoning was provided in the published entry; the panel of three judges concurred and the court noted the usual period for filing a motion for rehearing.
Issue Decided
- Whether the circuit court's judgment (as appealed by Derek D. Durant) should be reversed or affirmed under Rule 9.141(b)(2).
Court's Reasoning
The published entry contains only a per curiam affirmance without written explanation, so the court did not state its legal reasoning in this order. The panel affirmed the lower court's ruling, indicating they found no reversible error that warranted upsetting the judgment.
Parties
- Appellant
- Derek D. Durant
- Appellee
- State of Florida
- Judge
- Bruce Kyle
- Attorney
- James Uthmeier, Attorney General
- Attorney
- David Campbell, Assistant Attorney General
Key Dates
- Decision date
- 2026-04-28
What You Should Do Next
- 1
Consider filing a motion for rehearing
A motion for rehearing must be filed within the time limits set by the appellate rules if the appellant believes there are grounds to challenge the affirmance.
- 2
Consult appellate counsel
The appellant should consult an attorney experienced in criminal appeals to evaluate grounds for rehearing or discretionary review to the Florida Supreme Court.
- 3
Prepare for enforcement of the lower court judgment
If no further review is pursued or available, the parties should take steps to comply with or enforce the circuit court's judgment as affirmed.
Frequently Asked Questions
- What did the court decide?
- The appeals court affirmed the circuit court's judgment, meaning it left the lower court's decision in place.
- Who is affected by this decision?
- The decision affects appellant Derek D. Durant and the State of Florida; it preserves the outcome entered by the Lee County circuit court.
- Why didn't the court explain its reasoning?
- The court issued a per curiam affirmance without an opinion, which is a short ruling that affirms the lower court without stating detailed legal reasons.
- Can this be appealed further?
- A defendant may seek further review by filing a motion for rehearing in this court or seek discretionary review in the Florida Supreme Court, subject to applicable rules and deadlines.
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
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2024-0445
Lower Tribunal No. 09-CF-020522
_____________________________
DEREK D. DURANT,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Lee County.
Bruce Kyle, Judge.
April 28, 2026
PER CURIAM.
AFFIRMED.
WHITE, SMITH and KAMOUTSAS, JJ., concur.
Derek D. Durant, Indiantown, pro se.
James Uthmeier, Attorney General, Tallahassee, and David Campbell, Assistant
Attorney General, Tampa, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED