STUART ALEXANDER, APPELLANT,
v.
STACEY K. BAMASH, ETC., ESTATE OF MIRIAM BAMASH, APPELLEE
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An incarcerated, indigent litigant is entitled to a free record on appeal, but not a free transcript.
An incarcerated, indigent appellant sought a free record and transcript for his civil appeal. He had filed motions requesting these items after not re…
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PER CURIAM.
Appellant, who is incarcerated and indigent, is appealing an order determining that he is not a beneficiary of an estate as well as other final orders. He filed directions to the clerk to prepare the record and requested a transcript. Having received neither, he has filed motions asking this court to order the clerk to prepare the record and the court reporter to prepare the transcript at no cost to him.
We deny appellant’s motion requesting a free transcript, because there is no constitutional or statutory right to one in an appeal by an indigent litigant in a civil case. Lee County v. Eaton, 642 So. 2d 1126 (Fla. 2d DCA 1994).
As to the record, section 57.081(1), Florida Statutes (2001) provides:
Any indigent person ... who is a party ... shall receive the services of the courts, sheriffs, and clerks, -with respect to such proceedings, without charge. Such services are limited to filing fees; service of process; certified copies of orders or final judgments; a single photocopy of any court pleading, record, or instrument filed with the clerk; examining fees; mediation services and fees; court-appointed counsel fees; subpoena fees and services; service charges for collecting and disbursing funds; and any other cost of service arising out of pending litigation, [emphasis added.]
We conclude that the last emphasized part of the statute requires the clerk to prepare the record and furnish a copy of the index to appellant. The first emphasized portion would entitle appellant to receive, upon request to the clerk, copies of any documents in the record. We therefore direct the clerk to prepare the record without charge.
GUNTHER, KLEIN and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Coulombe v. State, 837 So. 2d 506 (Fla. 5th DCA 2003)…ulombe was entitled to obtain a record without providing the requested fee and therefore the trial court erred in dismissing his petition. However, he is not entitled to receive a free transcript. See Fla. R. Traf. Ct. 6.460(b). Alexander v. Bamash, 814 So. 2d 1211 (Fla. 4th DCA 2002). Petition GRANTED, order QUASHED; and cause REMANDED. SAWAYA and PLEUS, JJ., concur.…
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Williams v. State, 98 So. 3d 258 (Fla. 2d DCA 2012)…). See Schmidt v. Crusoe, 878 So. 2d 861, 367 n. 7 (Fla.2003) (holding that postconviction motions are collateral criminal proceedings, that as such they are outside the reach of section 57.085, and that section 57.081 applies); Alexander v. Bamash, 814 So. 2d 1211, 1212 (Fla. 4th DCA 2002) (applying section 57.081 to an appeal filed by an indigent incarcerated appellant and directing the clerk to prepare the appellate record without charge). Having discerned that Williams is indigent, the clerk of circuit co…
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Friedman v. Mercantil Commercebank, N.A., 211 So. 3d 310 (Fla. 3d DCA 2017)…rties, which must then be submitted to, and approved by, the lower tribunal. However, an indigent party to an appeal from a civil action has no constitutional or statutory right to a free transcript of the trial proceedings. See Alexander v. Bamash, 814 So. 2d 1211 (Fla. 4th DCA 2002). Cf. Smith v. Dep't of Health and Rehab. Servs., 573 So. 2d 320 (Fla. 1991) (holding that section 57.081 and section 120.57(l)(b)(6) Florida Statutes (1991) require the state to provide a free transcript in an appeal taken by an…
Authorities Cited
- LEE Cnty. v. Eaton, 642 So. 2d 1126 (Fla. 2d DCA 1994)