Background
Shirley Mears Davis, proceeding without counsel, filed an original petition for a writ of mandamus against Chief Judge Timothy D. Osterhaus in Florida’s First District Court of Appeal. The opinion does not describe the relief Davis requested or the factual and procedural circumstances underlying her petition.
No appearance was entered for Chief Judge Osterhaus. The court resolved the matter through a brief per curiam opinion.
The Court’s Holding
The First District dismissed Davis’s petition for a writ of mandamus. The opinion states only “DISMISSED” and provides no reasoning or discussion of the petition’s merits.
Judges Roberts, Ray, and Long concurred. The disposition was not final until resolution of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.
Key Takeaways
- The First District dismissed the mandamus proceeding.
- The court did not explain the legal or procedural basis for dismissal.
- Because the opinion contains no factual or legal analysis, it establishes no articulated rule concerning the availability of mandamus relief.
Why It Matters
The decision ends this original mandamus proceeding at the First District, subject to any timely and authorized post-decision motion. Its practical value beyond the parties is limited because the court supplied no facts, reasoning, or explanation for the dismissal.