JOHN BAILEY, PETITIONER,
v.
JAMES R. MCDONOUGH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
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PER CURIAM.
The petitioner challenges the denial of his petition for writ of mandamus in this prisoner disciplinary proceeding, and he also challenges an order imposing a lien upon his inmate trust account for court costs relating to his petition. We conclude that the circuit court properly denied the petition for writ of mandamus. However, as the appellee concedes, the underlying proceeding constituted a “collateral criminal proceeding,” and therefore the imposition of the lien was improper. See Jackson v. McDonough, 31 Fla. L. Weekly D2299, — So. 2d -, 2006 WL 2527244 (Fla. 1st DCA Sept.5, 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). Accordingly, the petition for certiorari is denied, but the lien order is quashed. The circuit court should direct the reimbursement of any funds that have been withdrawn from the petitioner’s account to satisfy the lien.
ALLEN, WEBSTER, and ROBERTS, JJ., concur.
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Pompano Masonry Corp. v. Anastasi, 125 So. 3d 210 (Fla. 4th DCA 2013)…begin by reconciling our prior decisions regarding whether an appellate court’s denial of attorneys’ fees constitutes binding law of the case on the trial court. See Langer v. Fels, 93 So. 3d 1069 (Fla. 4th DCA 2012); McNamara v. City of Lake Worth, 956 So. 2d 509 (Fla. 4th DCA 2007). In Langer, McNamara, and the instant case, there was a prior appeal in which this court affirmed the trial court’s ruling in favor of the appellees, but denied the ap-pellees’ motions for appellate attorneys’ fees. In each of th…
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Shuck v. Smalls, 101 So. 3d 924 (Fla. 4th DCA 2012)…apportionment issue at the trial level. A prior denial of appellate attorney’s fees under section 57.105 does not preclude a trial court’s award of trial level attorney’s fees in the same action under section 57.105. McNamara v. City of Lake Worth, 956 So. 2d 509, 510 (Fla. 4th DCA 2007). While an appellate court’s prior denial of appellate fees under section 57.105 is the law of the case for appellate level fees, it is not the law of the case for trial level fees. Labbee v. Harrington, 957 So. 2d 1188, 1189…
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Siegel v. J.P. Morgan Chase Bank, 100 So. 3d 783 (Fla. 4th DCA 2012)…appellate attorney’s fees in the prior appeal constitutes the “law of the case” as to any award of attorney’s fees in the trial court should the appellees prevail ultimately in the trial court proceedings. See, e.g., McNamara v. City of Lake Worth, 956 So. 2d 509, 510-11 (Fla. 4th DCA 2007). We simply determined that appellees were not entitled to a fee for the appellate representation in that appeal. As well, the other issues raised in this appeal depend upon factual determinations yet to be made by the tri…
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- Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)
- McDonough v. Cox, 924 So. 2d 809 (Fla. 2006)
- Jackson v. McDONOUGH (Fla. 1st DCA 2006)