BYRON LOWERY, APPELLANT,
v.
JAMES R. MCDONOUGH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
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PER CURIAM.
We affirm the circuit court’s order denying appellant’s petition for writ of mandamus. However, to the extent that appellant contests the circuit court’s imposition of a lien for appellate costs, we treat this request as if it had been properly filed as a motion for review pursuant to Florida Rule of Appellate Procedure 9.430. See Wagner v. McDonough, 930 So. 2d 710 (Fla. 1st DCA 2006); Wagner v. McDonough, 927 So. 2d 216 (Fla. 1st DCA 2006); Fla. R.App. P. 9.040(c) (providing that if a party seeks an improper remedy, the cause will be treated as if the proper remedy had been sought). We grant the motion to review and quash the portion of the circuit court’s order dated September 27, 2005, which authorized the Department of Corrections to impose a lien on appellant’s inmate trust account. This proceeding is a collateral criminal proceeding, and, therefore, there is no statutory authority for the circuit court to impose a lien to recover costs and fees. See Wagner, 927 So. 2d at 217.
BARFIELD, WEBSTER, and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Scott v. McDONOUGH, 946 So. 2d 90 (Fla. 1st DCA 2006)…o the extent that Scott contests the circuit court’s imposition of a lien on his prisoner trust account, we treat his argument as if it had been filed as a motion for review pursuant to Florida Rule of Appellate Procedure 9.430. Lowery v. McDonough, 940 So. 2d 540 (Fla. 1st DCA 2006). We grant that motion for review and quash the circuit court’s order which authorised imposition of the lien. This court has repeatedly recognized that statutory authority does not exist for the circuit court to impose a lien to…
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Wheeler v. McDONOUGH, 957 So. 2d 94 (Fla. 1st DCA 2007)…w granted by McDon-ough v. Cox, 924 So. 2d 809 (Fla.2006). Accordingly, indigency determinations are to be made under section 57.081, Florida Statutes, which does not contain statutory authority for the imposition of a lien. See Lowery v. McDonough, 940 So. 2d 540 (Fla. 1st DCA 2006); Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005). Therefore, the circuit court erred in imposing the appellate lien on appellant’s inmate trust account. Accordingly, we quash the circuit court’s order imposing a lien on app…
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)
- W.T. Parker v. McDONOUGH, 930 So. 2d 710 (Fla. 1st DCA 2006)