DAVID HUFFMAN, APPELLANT,
v.
MICHAEL W. MOORE, SECRETARY, APPELLEE
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PER CURIAM.
Appellant, a state prisoner, appeals the trial court’s order dismissing his petition for writ of mandamus for failure to make a timely partial payment of court costs and fees, as ordered, within fifteen (15) days. We reverse and remand for a determination as to whether, pursuant to section 57.085(5), Florida Statutes, the Department of Corrections placed a hold on Appellant’s prison account, thus precluding him from making payment in a timely manner. See Harper v. Moore, 737 So. 2d 1232 (Fla. 1st DCA 1999). If so, dismissal for failure to make the initial payment would be error. See id. at 1233.
In addition, Appellant paid the full filing fee after the trial court’s dismissal of his petition with funds derived by gift from his family. Accordingly, if Appellant remains indigent, the trial court shall enter an appropriate order consistent herewith to reimburse Appellant for all of the court costs paid voluntarily by him directly to the clerk. See generally, Pace v. State, 763 So. 2d 375 (Fla. 2d DCA 2000).
REVERSED and REMANDED for proceedings consistent with this opinion.
KAHN, BROWNING and LEWIS, JJ., CONCUR.
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Huffman v. Moore, 834 So. 2d 300 (Fla. 1st DCA 2002)…PER CURIAM. This case is on appeal following the remand to the trial court in Huffman v. Moore, 778 So. 2d 411 (Fla. 1st DCA 2001). Because the trial court failed to follow this Court’s instructions, on remand, we reverse in part. Originally, the appellant had appealed the circuit court’s order dismissing his petition for writ of mandamus for failure to mak…
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Eason v. Moore, 828 So. 2d 496 (Fla. 1st DCA 2002)…PER CURIAM. REVERSED. Huffman v. Moore, 778 So. 2d 411 (Fla. 1st DCA 2001) (holding that it is error to dismiss a complaint for failure to pay the filing fee when the fee could not have been paid because the complainant, a prisoner, had a hold on his inmate account). BROWNING, LEWIS and POLSTON, JJ.,…
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Scott v. McDONOUGH, 946 So. 2d 1161 (Fla. 1st DCA 2006)…and prepayment obligations under section 57.085(4) and (5), Florida Statutes, was appropriate. [*1163] Now we turn to appellant’s second point on appeal. Appellant cites to Harper v. Moore, 737 So. 2d 1232 (Fla. 1st DCA 1999), and Huffman v. Moore, 778 So. 2d 411 (Fla. 1st DCA 2001), for the proposition that where the Department of Corrections has placed a lien oh an inmate trust account, which makes it impossible for the -inmate to make the partial prepayment ordered, it is error to- dismiss for failure to…
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- Harper v. Moore, 737 So. 2d 1232 (Fla. 1st DCA 1999)
- Pace v. State, 763 So. 2d 375 (Fla. 2d DCA 2000)