GARY LEVESTER FLOWERS, PETITIONER,
v.
JAMES R. MCDONOUGH, RESPONDENT
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PER CURIAM.
The petitioner’s argument that the trial court departed from the essential requirements of law by denying his petition for writ of mandamus is without merit and is rejected. But because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085(10), Florida Statutes, the trial court improperly imposed liens upon the petitioner’s inmate trust account for payment of court costs and fees. See Cox v. Crosby, 31 Fla. L. Weekly D310, — So. 2d -, 2006 WL 176681 (Fla. 1st DCA Jan.26, 2006), rev. granted sub nom. McDonough v. Cox, 924 So. 2d 809 (Fla.2006); Schmidt v. Crusoe, 878 So. 2d 361 (Fla.2003). We accordingly quash the lien orders imposed as a result of petitioner’s filing of this petition for writ of mandamus. The trial court should direct the reimbursement of any funds that have been withdrawn from the petitioner’s account to satisfy the improper lien orders.
The petition is DENIED as to the challenge to the order by which the trial court denied mandamus, but it is GRANTED as to the challenge to the lien orders and those orders are hereby QUASHED.
ALLEN and DAVIS, JJ., Concur; THOMAS, J., Concurs in Result Only.
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Terry v. McDONOUGH, 935 So. 2d 81 (Fla. 1st DCA 2006)…lien. Reversed and remanded. ERVIN, BENTON, and BROWNING, JJ., concur. * Review of the indigency order by certiorari is proper because the whole case is before the court on review of a final order of the lower tribunal. See Flowers v. McDonough, 932 So. 2d 617, 617 (Fla. 1st DCA 2006) (reviewing by certiorari a final order of the trial court denying petition for writ of mandamus on the merits and removing a lien imposed on the petitioner’s inmate account); McCaskill v. McDonough, 933 So. 2d 650, 650 (Fla.…
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Edsel I. DEL Valle v. State, 948 So. 2d 78 (Fla. 5th DCA 2007)…ey v. State, 866 So. 2d 1239, 1240 (Fla. 5th DCA 2004). If the trial court improperly denies the motion due to untimeliness, its order departs from the essential requirements of the law entitling the defendant to certiora-ri relief. Pruitt v. State, 932 So. 2d 617-18 (Fla. 1st DCA 2006). The State correctly concedes that Del Valle’s rule 3.800(c) motion for reduction or modification of sentence was timely filed. Accordingly, the trial court did possess jurisdiction to consider its merits. The State also cor…
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Martin v. State, 124 So. 3d 400 (Fla. 1st DCA 2013)…iminal Procedure 3.800(c) was timely. The State also correctly concedes that the trial court’s order constitutes a departure from the essential requirements of law, entitling petitioner to the writ of certiorari he seeks. See, e.g., Pruitt v. State, 932 So. 2d 617 (Fla. 1st DCA 2006). The petition seeking a writ of certiorari is granted; the trial court’s order denying petitioner’s rule 3.800(c) motion as untimely filed is quashed; and the case is remanded for further proceedings. PETITION FOR WRIT OF CERTI…
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- Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)
- McDonough v. Cox, 924 So. 2d 809 (Fla. 2006)