Sherer v. Sherer — First District dismisses prohibition petition

Case
Holly Ballinger Sherer v. Andrew Richard Sherer
Court
Florida First District Court of Appeal
Judge
Ray; Bilbrey; Winokur
Date Decided
October 22, 2026
Docket No.
1D2026-3020
Topics
Writ of Prohibition; Appellate Procedure; Original Proceeding
Source
Read the full opinion

Background

Holly Ballinger Sherer filed a petition for a writ of prohibition against Andrew Richard Sherer in an original proceeding before Florida’s First District Court of Appeal.

Sherer represented herself. The opinion states that there was no appearance for the respondent and provides no additional facts, procedural history, or description of the relief sought.

The Court’s Holding

The First District dismissed the petition. Judges Ray, Bilbrey, and Winokur concurred in the per curiam decision.

The court did not explain the basis for dismissal or address the merits of the petition. The opinion states that the disposition is not final until resolution of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.

Key Takeaways

  • The court dismissed Sherer’s petition for a writ of prohibition.
  • The opinion gives no reason for the dismissal and contains no merits analysis.
  • The disposition remains subject to any timely and authorized motion under Rules 9.330 or 9.331.

Why It Matters

The decision resolves this original proceeding at the appellate level by dismissal, but its one-word disposition supplies no explanation that could guide litigants in other prohibition proceedings.

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