JOHNNY SIMMONS, PETITIONER,
v.
JAMES R. MCDONOUGH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
An inmate challenged the circuit court's denial of his mandamus petition and the imposition of liens on his trust account for court costs and fees. The appellate court denied the certiorari petition on the merits regarding the mandamus denial but granted it regarding the liens, finding that collateral criminal proceedings cannot be subject to such liens under Florida law.
The court denied the certiorari petition on the merits as to the mandamus denial but granted it as to the liens. Liens cannot be imposed on an inmate's trust account for costs and fees in collateral criminal proceedings under section 57.085(10), Florida Statutes. The court quashed the lien orders and directed reimbursement of any funds withdrawn.
Petitioner Simmons, an inmate, filed a petition for writ of mandamus in circuit court. The circuit court denied the mandamus petition. The trial court…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Collateral Criminal Proceeding cases and more on FLexlaw
PER CURIAM.
We deny the petition for writ of certiorari on the merits as to petitioner’s claim that the circuit court departed from the essential requirements of law when it denied his petition for writ of mandamus. However, because petitioner’s claim constituted a collateral criminal proceeding within the meaning of section 57.085(10), Florida Statutes, the trial court improperly imposed liens upon 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).
Accordingly, we grant the petition for writ of certiorari to the extent it challenges the order imposing a lien for the payment of court costs and fees incurred in the mandamus proceedings before the circuit court, and quash that order. We likewise grant petitioner’s motion for review of the circuit court’s appellate indi-gency order, and quash the portion of that order imposing a lien. The trial court should direct the reimbursement of any funds that have been withdrawn from petitioner’s account to satisfy the improper lien orders.
KAHN, HAWKES, and THOMAS, JJ., concur.