JUAN F. VEGA, APPELLANT,
v.
JOHN E. KILHEFNER, ET AL, APPELLEES
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The court reversed the dismissal of Vega's mandamus petition, finding he had attempted to comply with the case management order's filing fee requirements despite unorthodox filings, and quashed a lien on his inmate trust account.
A trial court must afford a litigant the opportunity to correct deficiencies in complying with case management orders before dismissing a petition, particularly where the record shows good-faith compliance efforts.
[1] A trial court must provide a litigant with an opportunity to cure deficiencies in complying with case management orders before dismissing a petition, where the record dem…
[2] A lien on an indigent inmate's trust account to recoup filing fees and costs is improper where the litigant has been found indigent for purposes of appeal.
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If the trial court determines that Vega's filings do not fully comply with the requirements of its case management order, it should afford him the opportunity to correct any deficiencies.”
Court's instruction on remand regarding proper procedure for addressing filing deficiencies.
Vega filed a petition for writ of mandamus but the trial court dismissed it for failure to pay the filing fee or submit indigency information as requi…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
Juan F. Vega appeals an order dismissing his petition for writ of mandamus based on the trial court’s finding that he had failed to pay the filing fee or submit indigency information required by a previously issued case management order. As appellee concedes, the record reflects that Vega attempted to comply with the requirements of the case management order prior to dismissal, although that fact may have escaped the trial court’s attention as a consequence of Vega’s unorthodox filings. Accordingly, we reverse the order dismissing Vega’s petition and remand for further proceedings. If the trial court determines that Vega’s filings do not fully comply with the requirements of its case management order, it should afford him the opportunity to correct any deficiencies. See Woullard v. Bishop, 755 So. 2d 816 (Fla. 1st DCA 2000).
In addition, Vega’s initial brief presents a point challenging the trial court’s order finding him to be indigent for purposes of this appeal, but directing that a lien be placed on his inmate trust account to recoup filing fees and costs. We elect to treat this portion of the brief as a motion for review pursuant to Florida Rule of Appellate Procedure 9.430, grant that motion, and quash the lien provision on the authority of Wagner v. McDonough, 927 So. 2d 216 (Fla. 1st DCA 2006).
REVERSED and REMANDED; MOTION FOR REVIEW GRANTED.
ALLEN, VAN NORTWICK, and POLSTON, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- C.R. v. State, 927 So. 2d 216 (Fla. 5th DCA 2006)
- Wagner v. McDONOUGH, 927 So. 2d 216 (Fla. 1st DCA 2006)
- Coolen v. Moore, 755 So. 2d 816 (Fla. 1st DCA 2000)