SABIR ABDUL-HAQQ YASIR, PETITIONER,
v.
JAMES R. MCDONOUGH, RESPONDENT
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PER CURIAM.
Petitioner seeks review by certiorari of the trial court’s orders (1) denying his petition for a writ of mandamus challenging a forfeiture of gain time in his prison disciplinary proceeding and (2) imposing a lien on his inmate trust account to cover court costs and fees. Because the trial court afforded petitioner due process of law and did not depart from the essential requirements of law when it denied his petition for a writ of mandamus, we deny that portion of his petition for a writ of certiorari on the merits. However, because, as respondent correctly concedes, the action in the trial court was a collateral criminal action as that term is defined in Schmidt v. Crusoe, 878 So. 2d 861 (Fla.2003), we grant the petition to the extent it seeks to have the order placing a lien on his inmate trust account vacated. See Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005).
WEBSTER, VAN NORTWICK, and PADOVANO, JJ., concur.
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Citator
Cited By
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Drew C. Hartley v. McDONOUGH, 951 So. 2d 44 (Fla. 1st DCA 2007)…the circuit court improperly imposed a lien upon petitioner’s inmate trust account for payment of court costs and fees. See Jackson v. McDonough, 81 Fla. L. Weekly D2299, — So. 2d —, 2006 WL 2527244 (Fla. 1st DCA Sept. 5, 2006); Yasir v. McDonough, 939 So. 2d 221 (Fla. 1st DCA 2006); 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 qu…
Authorities Cited
- Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005)