JEROME HICKS, PETITIONER,
v.
JAMES CROSBY, JR., RESPONDENT
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The court denied Hicks's mandamus petition seeking to compel the circuit court to act on a prohibition petition challenging a lien imposed on his inmate trust account, holding that the underlying mandamus petition had already been denied and the case closed, and that Hicks could raise the lien issue on appeal in his pending case.
A mandamus petition to compel circuit court action on a prohibition petition is properly denied when the underlying mandamus petition has already been denied and the docket is closed.
[1] A mandamus petition to compel circuit court action on a prohibition petition is properly denied when the underlying mandamus petition has already been denied and the dock…
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Join FLexlaw to unlock all legal intelligenceJerome Hicks, an inmate, filed a mandamus petition in circuit court challenging an action by the Florida Department of Corrections. Within that case, …
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PER CURIAM.
Jerome Hicks petitions this court for a writ of mandamus to compel the Circuit Court for Leon County to act on his prohibition petition in lower tribunal case number 2005 CA 00517. The respondent opposes the mandamus petition and explains that the underlying case in circuit court was a mandamus petition which challenged an action of the Florida Department of Corrections. The prohibition petition which Hicks describes was a pleading filed in that case where petitioner took issue with the circuit court’s imposition of a lien on his inmate trust account to recover filing fees. The circuit court mandamus petition has been denied and the lower tribunal’s docket is closed. The prohibition petition is therefore denied, even if there is no written order to that effect.
We agree with respondent and therefore deny the mandamus petition now before us. The records of this court indicate that Hicks has appealed the circuit court’s denial of that forum’s mandamus petition in this court’s case number 1D05-5010. Hicks may obtain review of the trial court’s imposition of the lien by raising it as an issue in case number 1D05-5010. See, e.g., Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005).
PETITION DENIED.
WEBSTER, PADOVANO and LEWIS, JJ., concur.