Smith v. Thomas — First District dismissed mandamus petition

Case
Theodore Smith, Jr. v. Nicholas Thomas, Clerk of Court Second Judicial Circuit Court in and for Gadsden County
Court
Florida First District Court of Appeal
Judge
Winokur; Nordby; Long
Date Decided
October 29, 2026
Docket No.
1D2026-1854
Topics
Mandamus, Original Proceedings, Dismissal
Source
Read the full opinion

Background

Theodore Smith, Jr., proceeding without counsel, filed an original petition for a writ of mandamus in the Florida First District Court of Appeal. He named Nicholas Thomas, Clerk of the Second Judicial Circuit Court in and for Gadsden County, as respondent.

The opinion provides no description of the relief Smith sought, the underlying dispute, or the asserted basis for mandamus. The respondent made no appearance.

The Court’s Holding

The First District dismissed the petition. Its disposition consisted solely of the word “DISMISSED” and did not state whether the dismissal was jurisdictional, procedural, or merits-based.

Judges Winokur, Nordby, and Long concurred in the per curiam decision. The opinion states that it is not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.

Key Takeaways

  • The court dismissed Smith’s original petition for a writ of mandamus.
  • The opinion supplies no reasoning and does not identify the grounds for dismissal.
  • Because the court did not address the merits or describe the underlying controversy, the decision establishes no stated substantive rule beyond the disposition of this petition.

Why It Matters

The decision ends this mandamus proceeding in the First District, subject to any timely and authorized post-decision motion. Its value as guidance for other litigants is limited because the court did not explain why it dismissed the petition.

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