KEVIN D. D'HAITI, APPELLANT,
v.
JAMES R. MCDONOUGH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
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Florida appellate court reversed dismissal of mandamus petition and vacated indigency order requiring inmate to prepay filing fees, holding that collateral criminal actions by indigent inmates cannot require partial prepayment or liens on inmate trust accounts.
Collateral criminal actions filed by indigent inmates cannot require partial prepayment of filing fees or placement of liens on inmate trust accounts.
[1] Collateral criminal actions filed by indigent inmates are exempt from partial prepayment requirements and lien placements on inmate trust accounts for filing fees.
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Join FLexlaw to unlock all legal intelligenceKevin D. D'Haiti, an inmate, filed a collateral criminal action in circuit court. The court determined him indigent but ordered him to prepay $11.00 o…
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PER CURIAM.
Kevin D. D’Haiti seeks review of the circuit court’s order dismissing his petition for a writ of mandamus on the basis that Mr. D’Haiti failed to prepay a portion of the circuit court’s filing fee as previously ordered in the circuit court’s “Clerk’s Certificate of Indigence.” That order determined Mr. D’Haiti to be indigent but able to prepay $11.00 of the $280.00 total filing fee imposed, and required that the Florida Department of Corrections place a lien on his inmate account for the remainder. As the Department concedes, the action filed in the circuit court was a collateral criminal action as defined in Schmidt v. Crusoe, 878 So. 2d 361, 367 (Fla.2003). Accordingly, we reverse the order dismissing Mr. D’Haiti’s mandamus petition; vacate the indigency order insofar as it requires partial prepayment and placement of a lien on his inmate trust account for the remainder, see Cason v. Crosby, 892 So. 2d 536, 537 (Fla. 1st DCA 2005); remand for further proceedings on his mandamus petition; and direct that the circuit court enter an order on remand requiring reimbursement to Mr. D’Haiti of those funds withdrawn from his account pursuant to the lien. See, e.g., Marquez v. McDonough, 945 So. 2d 652, 653 (Fla. 1st DCA 2007).
Reversed and remanded.
BROWNING, C.J., BENTON, and LEWIS, 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)
- Smith v. State, 945 So. 2d 652 (Fla. 1st DCA 2007)