Davis v. Osterhaus — Florida appellate court dismissed mandamus petition

Case
Shirley Mears Davis v. Chief Judge Timothy D. Osterhaus
Court
Florida First District Court of Appeal
Judge
ROBERTS (Charlie Crist, 2007); Ray (Rick Scott, 2011)
Date Decided
July 29, 2026
Docket No.
1D2026-2060
Topics
Mandamus, Appellate Procedure, Original Proceedings
Source
Read the full opinion

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.

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