GERALD L. BELL, PETITIONER,
v.
HON. BELVIN PERRY, JR., CIRCUIT COURT JUDGE, ETC., RESPONDENT
PER CURIAM.
This matter is before the court on a petition for writ of mandamus. The petitioner, a prisoner, requested a waiver of prepayment of court costs and fees under section 57.085, Florida Statutes (1995). Under the statute, the trial court must adjudicate the prisoner indigent and determine whether the claim is legally sufficient to state a cause of action for which the court may grant relief before a prisoner may receive such a waiver. The petitioner seeks a determination of indigency and legal sufficiency of his claim as provided by the statute. We grant the petition but withhold issuance of the writ at this time. Accordingly, we remand this matter to the trial court for prompt resolution.
Petition GRANTED, Issuance of writ WITHHELD.
COBB, GRIFFIN and ANTOON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
City OF Pensacola Firefighters & Fla. League of Cities v. Oswald, 710 So. 2d 95 (Fla. 1st DCA 1998)…effect before January 1, 1994, an award of permanent total disability benefits was generally deemed premature if it preceded maximum medical improvement. See Corral v. McCrory Corp., 228 So. 2d 900 (Fla.1969); Anderson & Padgett Sawmill v. Collins, 686 So. 2d 795 (Fla. 1st DCA 1997); Department of Offender Rehabilitation v. Godwin, 394 So. 2d 1091 (Fla. 1st DCA 1981). “Date of maximum medical improvement” means the date after which further recovery from, or lasting improvement to, an injury or disease can n…
-
Fla. Transp. 1982, Inc. v. Quintana, 1 So. 3d 388 (Fla. 1st DCA 2009)…. Finally, the JCC awarded claimant penalties, interest, costs, and attorney’s fees. Permanent Total Disability An award of PTD benefits is generally deemed premature before an injured worker reaches MMI. See Anderson & Padgett Sawmill v. Collins, 686 So. 2d 795 (Fla. 1st DCA 1997). An exception was created, however, with the statutory amendments to sections 440.15(2) and (4), Florida Statutes, effective January 1, 1994. See Ch. 93-415, § 20, at 118, Laws of Fla. Pursuant to those amendments, if a claimant…
-
Elva Chavarria v. Selugal Clothing, Inc., 840 So. 2d 1071 (Fla. 1st DCA 2003)…permissible. Because we have no way of discerning from the order whether the orthopedic rating the JCC accepted was not premature, the finding must be reversed and the case remanded for further explication. See Anderson & Padgett Sawmill v. Collins, 686 So. 2d 795 (Fla. 1st DCA 1997) (remanding for further findings because it was impossible to determine from the or [*1087] der, which both granted permanent total disability [PTD] benefits and authorized additional evaluation and treatment for a suspected condi…