FREDERICO A. HIGUERAS, PETITIONER,
v.
JAMES V. CROSBY, JR., SECRETARY, DEPARTMENT OF CORRECTIONS, RESPONDENT
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PER CURIAM.
Frederico Higueras’ mandamus petition challenges an order which imposed a lien on his inmate trust account to recover filing fees for a circuit court proceeding. His remedy for interlocutory review, if any, would be certiorari rather than mandamus. Brown v. Campion, 757 So. 2d 535 (Fla. 1st DCA 2000). Because the petition was not filed within 30 days of rendition of the order sought to be reviewed, this court’s jurisdiction was not timely invoked and the petition must be, and hereby is, dismissed on jurisdictional grounds. Fla. R.App. P. 9.100(c)(1). Moreover, petitioner has an adequate remedy by raising this issue on appeal from a final order in the circuit court case, see Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005), and dismissal of this petition is without prejudice to Higueras’ right, to pursue that course when the circuit court proceeding has been concluded.
PETITION DISMISSED.
DAVIS, BROWNING and LEWIS, JJ., concur.
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Terry v. McDONOUGH, 935 So. 2d 81 (Fla. 1st DCA 2006)…e of Indigence, James Terry seeks removal of a lien placed on his inmate trust account. This court has jurisdiction to review the final order of the trial court pursuant to Florida Rule of Appellate Procedure 9.030(b)(2)(B).* See Higueras v. Crosby, 924 So. 2d 18, 19 (Fla. 1st DCA 2005) (explaining that a “petitioner has an adequate [*82] remedy by raising” a challenge to an order imposing a lien on an inmate trust account “on appeal from a final order in the circuit court case”). We quash the order in part.…
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Babij v. Dep't OF Corr., 931 So. 2d 1049 (Fla. 1st DCA 2006)…motion for review as a petition for writ of certiorari, but conclude that certiorari review is inappropriate because Babij will have an adequate remedy on appeal from the final order entered in the circuit court proceedings. See Higueras v. Crosby, 924 So. 2d 18 (Fla. 1st DCA 2005). Accordingly, we deny the petition without prejudice to Babij’s right to pursue that course once the circuit court proceedings have concluded. PETITION FOR WRIT OF CERTIO-RARI DENIED. BENTON, POLSTON, and THOMAS, JJ., concur.…
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Thomas v. McDONOUGH, 936 So. 2d 705 (Fla. 1st DCA 2006)…PER CURIAM. DENIED. See Higueras v. Crosby, 924 So. 2d 18 (Fla. 1st DCA 2005); Banks v. State, 916 So. 2d 35 (Fla. 1st DCA 2005). KAHN, C.J., BARFIELD and ALLEN, JJ., concur.…
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- Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005)
- Brown v. Campion, 757 So. 2d 535 (Fla. 1st DCA 2000)