DCF v. Chisholm — First District dismissed writ petition for lack of jurisdiction

Case
Department of Children and Families v. Vincent Chisholm and State of Florida
Court
Florida First District Court of Appeal
Judge
OSTERHAUS (Rick Scott, 2013); Ray (Rick Scott, 2011)
Date Decided
July 29, 2026
Docket No.
1D2026-0209
Topics
Appellate Jurisdiction; Extraordinary Writs; Mandamus; Certiorari
Source
Read the full opinion

Background

The Florida Department of Children and Families filed an original proceeding in the Florida First District Court of Appeal against Vincent Chisholm and the State of Florida.

DCF sought writs of mandamus and certiorari. The court’s brief opinion does not describe the underlying dispute, the relief DCF requested, or the jurisdictional theory supporting its petition.

The Court’s Holding

In a per curiam decision, the First District dismissed DCF’s petition for lack of jurisdiction.

The court provided no further analysis and did not address the merits of DCF’s requests for mandamus or certiorari. Chief Judge Osterhaus and Judges Ray and Treadwell concurred.

Key Takeaways

  • The First District concluded that it lacked jurisdiction over DCF’s original writ proceeding.
  • The petition sought both mandamus and certiorari relief.
  • Because the court dismissed on jurisdictional grounds, it did not decide the merits of the requested relief.

Why It Matters

The disposition underscores that a party seeking an extraordinary writ must establish the appellate court’s jurisdiction before the court can consider the merits. Because the opinion contains no jurisdictional analysis or underlying facts, its significance is limited to the dismissal in this proceeding.

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