What did the court decide?

The court dismissed the petition for a belated appeal, denying the requested relief.

Who is affected by this decision?

Petitioner William Fountain Jr. is directly affected; the State of Florida was the respondent.

Can this dismissal be challenged?

Yes — the order notes it is not final until any timely and authorized motions under Florida Rule of Appellate Procedure 9.330 or 9.331 are resolved, so the petitioner may pursue those motions if appropriate.

Fountain v. State of Florida

Docket 1D2025-2906

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

OtherDismissed

Filed: May 5, 2026 · yesterday
Jurisdiction: Florida
Court: District Court of Appeal of Florida
Type: Opinion
Case type: Other
Disposition: Dismissed
Docket: 1D2025-2906

Original proceeding: petition for writ of belated appeal in the First District Court of Appeal of Florida.

Summary

The Florida First District Court of Appeal dismissed William Fountain Jr.'s petition for a writ of belated appeal. The court issued a brief per curiam order on May 5, 2026, concluding the petition did not warrant relief. No opinion explaining the reasoning was provided, and the dismissal is subject to any timely rule-based motions for rehearing or other authorized post-decision filings.

Issue Decided

Whether the petitioner is entitled to a writ granting a belated appeal.

Court's Reasoning

The court issued a per curiam dismissal without an opinion, indicating the petition failed to meet the standards for granting a belated appeal. Because no substantive explanation was provided, the court's action suggests the petitioner did not demonstrate entitlement to relief under the applicable rules or precedent. The short order directs that the decision is not final until the time for authorized motions has passed.

Parties

Petitioner: William Fountain, Jr.
Respondent: State of Florida
Judge: Rowe
Judge: Kelsey
Judge: M.K. Thomas

Key Dates

decision date: 2026-05-05

What You Should Do Next

1
Consider filing timely motion under Fla. R. App. P. 9.330 or 9.331
If the petitioner believes the dismissal was erroneous or there are grounds for rehearing or clarification, file an authorized motion within the deadlines of rules 9.330 or 9.331.
2
Consult appellate counsel
Seek a lawyer experienced in appeals to evaluate whether any procedural or substantive grounds exist to challenge the dismissal or to pursue alternative relief.

Frequently Asked Questions

What did the court decide?: The court dismissed the petition for a belated appeal, denying the requested relief.
Who is affected by this decision?: Petitioner William Fountain Jr. is directly affected; the State of Florida was the respondent.
Can this dismissal be challenged?: Yes — the order notes it is not final until any timely and authorized motions under Florida Rule of Appellate Procedure 9.330 or 9.331 are resolved, so the petitioner may pursue those motions if appropriate.

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

FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                  _____________________________

                         No. 1D2025-2906
                  _____________________________

WILLIAM FOUNTAIN, JR.,

    Petitioner,

    v.

STATE OF FLORIDA,

    Respondent.
                  _____________________________


Petition for Writ of Belated Appeal—Original Proceedings.


                           May 5, 2026


PER CURIAM.

    DISMISSED.

ROWE, KELSEY, and M.K. THOMAS, JJ., concur.
               _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


William Fountain, Jr., pro se, Petitioner.
No appearance for Respondent.




                                2