KEVIN J. MARQUEZ, PETITIONER,
v.
JAMES R. MCDONOUGH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
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Florida appellate court denied mandamus relief challenging gain-time forfeiture but vacated and remanded the unauthorized lien on inmate trust account for costs and fees, requiring reimbursement because the action was a collateral criminal proceeding exempt from such liens.
A lien placed on an inmate's trust account to recover circuit court costs and fees in a collateral criminal action must be vacated and the funds reimbursed.
[1] A lien on an inmate's trust account to recover circuit court costs and fees is unauthorized in a collateral criminal action and must be vacated with reimbursement of fund…
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Join FLexlaw to unlock all legal intelligenceKevin Marquez, an inmate, sought mandamus relief challenging gain-time forfeiture imposed in a prison disciplinary proceeding and challenging a lien p…
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PER CURIAM.
Kevin J. Marquez seeks review of the circuit court’s order denying his petition for a writ of mandamus, and refusing to remove a lien on his inmate trust account imposed to recover circuit court costs and fees. The mandamus petition challenged the gain-time forfeiture in a prison disciplinary proceeding. We deny his petition for writ of certiorari, insofar as it challenges denial of the petition for writ of mandamus filed in circuit court.
As the State concedes, however, the action in the trial court was a collateral criminal action within the meaning of Schmidt v. Crusoe, 878 So. 2d 361, 367 (Fla.2003). Accordingly, we vacate the order placing a lien on Mr. Marquez’s inmate trust account, see Cason v. Crosby, 892 So. 2d 536, 537 (Fla. 1st DCA 2005), and remand for entry of an order directing the reimbursement of those funds withdrawn from his account pursuant to the lien. See Jackson v. McDonough, 31 Fla. L. Weekly D2299, D2300, 2006 WL 2527244 (Fla. 1st DCA Sept.5, 2006).
The petition is denied insofar as it seeks relief from the order denying the petition for writ of mandamus, but is granted insofar as it seeks relief from the unauthorized hen, and the case is remanded for entry of an order removing the lien and requiring reimbursement.
ALLEN, BENTON, and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)
- Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005)
- Jackson v. McDONOUGH (Fla. 1st DCA 2006)