Background
David Tejera, proceeding pro se, filed a petition for writ of mandamus in the Florida First District Court of Appeal as an original proceeding. Mandamus is an extraordinary writ used to compel a lower tribunal or public official to perform a ministerial duty it has refused or failed to perform. The State of Florida did not enter an appearance in response to the petition.
The opinion does not disclose the underlying facts or the specific relief Tejera sought through the mandamus petition. The matter was decided by a three-judge panel consisting of Judges Lewis, Roberts, and Winokur on June 18, 2026.
The Court’s Holding
The First District Court of Appeal dismissed the petition in a one-word per curiam order: “DISMISSED.” All three judges on the panel concurred in the dismissal. The court provided no written explanation of its reasoning.
The order is not yet final, as it remains subject to any timely and authorized motion for rehearing under Florida Rules of Appellate Procedure 9.330 or 9.331.
Key Takeaways
- The court dismissed the mandamus petition without explanation, which is common when a petition fails on its face to meet the threshold requirements for extraordinary writ relief.
- The State of Florida did not participate, suggesting the petition may have been dismissed on procedural rather than merits grounds.
- The order is not final pending the disposition of any timely rehearing motions under Fla. R. App. P. 9.330 or 9.331.
Why It Matters
This summary disposition illustrates the high bar courts impose on petitions for extraordinary writs such as mandamus. Pro se litigants seeking mandamus relief in Florida appellate courts must satisfy strict procedural and substantive requirements, and courts routinely dismiss petitions that fail to demonstrate a clear legal right to the relief requested, a corresponding duty on the part of the respondent, and the absence of an adequate remedy at law.
Because the order contains no reasoning, it has limited precedential value. Practitioners and pro se litigants should treat it primarily as a reminder that bare or deficient mandamus petitions are subject to swift dismissal in Florida’s appellate courts.