Swain v. State of Florida
Docket 2D2026-0121
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
- 2D2026-0121
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County
Summary
The Second District Court of Appeal affirmed the lower court's decision in an appeal by Gary Swain. Swain, appearing pro se, sought review under Florida Rule of Appellate Procedure 9.141(b)(2). The appellate court issued a brief per curiam decision on April 29, 2026, concluding that the circuit court's ruling should be upheld. No published opinion or extended reasoning was provided in the document; the panel of judges concurred and the judgment was affirmed.
Issue Decided
- Whether the circuit court's order challenged by Gary Swain should be reversed under Florida Rule of Appellate Procedure 9.141(b)(2).
Court's Reasoning
The opinion is per curiam and contains no extended reasoning; the court affirmed the lower court's decision without published explanation. The appellate panel, after reviewing the record and applicable standards for review under the cited rule, concluded the circuit court's judgment was correct and required no reversal.
Parties
- Appellant
- Gary Swain
- Appellee
- State of Florida
- Judge
- Michelle Sisco
Key Dates
- Decision date
- 2026-04-29
What You Should Do Next
- 1
Consult counsel about further review
If Swain wishes to pursue further appellate review, he should promptly consult an attorney to evaluate the possibility and timeliness of seeking discretionary review from the Florida Supreme Court.
- 2
Check and comply with circuit court orders
Parties should ensure they understand and comply with any remaining obligations or sentencing orders from the circuit court that were upheld by this decision.
Frequently Asked Questions
- What did the court decide?
- The appellate court affirmed the circuit court's decision, meaning it found no reversible error in the lower court's ruling.
- Who is affected by this decision?
- The decision affects appellant Gary Swain and the State of Florida as the appellee in the underlying criminal matter.
- Does this opinion explain the court's reasoning?
- No; the court issued a short per curiam affirmance without a published opinion or detailed explanation.
- Can this be appealed further?
- Possibly — a party may seek review by the Florida Supreme Court, but eligibility depends on jurisdictional rules and whether discretionary review is accepted.
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
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
GARY SWAIN,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D2026-0121
April 29, 2026
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for
Hillsborough County; Michelle Sisco, Judge.
Gary Swain, pro se.
PER CURIAM.
Affirmed.
LUCAS, C.J., and KHOUZAM and SLEET, JJ., Concur.
Opinion subject to revision prior to official publication.