Wagner v. DeSantis — First DCA denied petition for writ of prohibition

Case
Margaret Wagner and Marcelle Adkins v. Ron DeSantis, Cord Byrd, Maria Matthews, and Tim Bobanic
Court
Florida First District Court of Appeal
Judge
Lewis; M.K. THOMAS (Rick Scott, 2016); Long
Date Decided
September 16, 2026
Docket No.
1D2026-1479
Topics
Prohibition; Elections; Original Proceedings
Source
Read the full opinion

Background

Margaret Wagner and Marcelle Adkins filed an original proceeding in the Florida First District Court of Appeal seeking a writ of prohibition. The petition named Governor Ron DeSantis, Secretary of State and Chief Elections Officer Cord Byrd, Division of Elections Director Maria Matthews, and Brevard County Supervisor of Elections Tim Bobanic, each in an official capacity.

The court’s two-page disposition does not describe the underlying dispute, the relief the petitioners sought to prohibit, or the parties’ legal arguments.

The Court’s Holding

The First District Court of Appeal denied the petition for writ of prohibition.

The per curiam disposition provides no reasoning and does not identify any legal ground for the denial. Judges Lewis, M.K. Thomas, and Long concurred.

Key Takeaways

  • The court denied the requested writ of prohibition.
  • The decision was issued per curiam by a three-judge panel.
  • The opinion contains no factual discussion, legal analysis, or explanation of whether the denial rested on procedural or substantive grounds.

Why It Matters

The ruling ends the requested prohibition proceeding at the First District unless altered through an authorized post-decision motion or further review. Because the court gave no reasons, the disposition offers no articulated rule or analysis for attorneys to apply in other cases.

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