KEVIN SMALL, PETITIONER,
v.
JAMES CROSBY, RESPONDENT
Explore caselaw by topic → Browse Collateral Criminal Proceeding cases and more on FLexlaw
PER CURIAM.
Kevin Small seeks a writ of certiorari, challenging the lower court’s refusal to rule on his mandamus petition because of his failure to pay a filing fee pursuant to section 57.085, Florida Statutes (2004). Small’s mandamus petition alleged that the Department of Corrections miscalculated his tentative release date.
Pursuant to Schmidt v. Crusoe, 2003 WL 1987971, 878 So. 2d 361 (Fla. May 1, 2003), Small is not required to comply with section 57.085, because the underlying action is a “collateral criminal proceeding” and, thus, exempt from section 57.085. See § 57.085(10), Fla. Stat. (2004). How ever, we note that Schmidt does require Small to comply with the general indigency statute, section 57.081, Florida Statutes. See Schmidt, 878 So. 2d at 367 n. 7.
Accordingly, we grant Small’s petition and quash the order of the trial court.
GUNTHER, SHAHOOD and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lopez v. McDONOUGH, 935 So. 2d 47 (Fla. 1st DCA 2006)…57.081. Id. at 367 n. 7. Pursuant to Schmidt, a mandamus petition alleging, as petitioner’s did, that the Department miscalculated an inmate’s tentative release date has been held to constitute a collateral criminal proceeding. See Small v. Crosby, 877 So. 2d 911, 911 (Fla. 4th DCA 2004). In Cason, upon which petitioner relies, the appellant sought review of both the trial court’s dismissal of his mandamus petition and its order of indigency finding the appellant unable to pay the appellate filing fee but p…
-
Rankin v. State, 910 So. 2d 387 (Fla. 5th DCA 2005)…d that a trial court has no authority to order a defendant to pay any court costs and fees associated with a collateral criminal proceeding, such as for postconviction relief. See Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005); Small v. Crosby, 877 So. 2d 911 (Fla. 4th DCA 2004); Pace v. State, 763 So. 2d 375 (Fla. 2d DCA 2000). REVERSED and REMANDED for further proceedings. PLEUS, C.J., GRIFFIN and ORFINGER, JJ., concur. . After Rankin appealed, the trial court attempted to correct the error by enter…
-
Drew C. Hartley v. McDONOUGH, 947 So. 2d 454 (Fla. 1st DCA 2006)…t court case is a “collateral criminal proceeding,” he must be certified as indigent under section 57.081 in order to obtain a waiver of the circuit court’s filing fee. Schmidt v. Cru [*455] soe, 878 So. 2d 361, 367 n. 7 (Fla.2003); Small v. Crosby, 877 So. 2d 911 (Fla. 4th DCA 2004). The circuit court order on indigency, however, is neither appealable nor reviewable by extraordinary writ because any error can be remedied on appeal from a final order. Banks v. State, 916 So. 2d 35 (Fla. 1st DCA 2005); Steele…
Authorities Cited
- Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)