MICHAEL D. WALTON, PETITIONER,
v.
JAMES R. MCDONOUGH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
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An inmate petitioned for certiorari challenging a circuit court order that denied mandamus relief for disciplinary action and imposed a lien on his prison trust account for court costs. The appellate court denied the petition regarding the disciplinary action but granted it as to the lien, holding that liens cannot be placed on an indigent prisoner's trust account under Florida's indigency statutes.
The court held that a lien cannot be placed on a prisoner's trust account under the general indigency statutes (sections 57.081 and 27.52). The order establishing the lien was quashed and any monies collected pursuant to that lien must be restored to petitioner.
[1] A lien cannot be placed on a prisoner's trust account for the purpose of satisfying court costs when the underlying circuit court proceeding challenges Department of Corr…
[2] A lien cannot be placed on a prisoner's trust account by operation of general indigency statutes.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the circuit court acknowledged that a lien could not be placed on a petitioner's account on the authority of section 57.081, Florida Statutes, because petitioner's circuit court proceeding challenged DOC action which caused a loss of gain-time and hence affected petitioner's sentence”
Establishes that section 57.081 does not authorize liens when the proceeding affects a prisoner's sentence
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Join FLexlaw to unlock all legal intelligenceMichael D. Walton, an inmate in the Florida Department of Corrections, sought mandamus relief from disciplinary action taken against him and challenge…
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PER CURIAM.
By petition for writ of certiorari, Michael D. Walton, an inmate in the custody of the Florida Department of Corrections (DOC), challenges an order (1) denying his petition for a writ mandamus by'which he sought relief from disciplinary action taken against him by DOC, and (2) denying his petition to remove a lien on his prison trust account. We deny the petition as to the denial of mandamus relief for the disciplinary action without further comment, but grant the petition as to the lien.
Petitioner argues that the circuit court erred when it denied petitioner’s petition to remove a lien placed on his prison trust account for the purpose of satisfying court costs. While the circuit court acknowledged that a lien could not be placed on a petitioner’s account on the authority of section 57.081, Florida Statutes, because petitioner’s circuit court proceeding challenged DOC action which caused a loss of gain-time and hence affected petitioner’s sentence, see Schmidt v. Crusoe, 878 So. 2d 361 (Fla.2003), the circuit court held that a lien could be imposed on the authority of general indigency statutes, sections 57.081 and 27.52, Florida Statutes (2004).
However, this court has rejected the argument that a lien may be placed on a prisoner’s trust account by operation of the general indigency statute. Wagner v. McDonough, 927 So. 2d 216, 217 (Fla. 1st DCA 2006).
We note that the clerk of the circuit court certified that appellant was indigent pursuant to sections 57.081 and 27.52. See Schmidt v. McDonough, 951 So. 2d 797 (Fla.2006).
Accordingly, the petition for certiorari is granted in part and denied in part, the cause is remanded, and the order establishing a lien on petitioner’s inmate trust account is quashed with the direction that any monies collected pursuant to that lien be restored to petitioner. BROWNING, C.J., WOLF, and VAN NORTWICK, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Whited v. Fla. Comm'n on Offender Review, 153 So. 3d 324 (Fla. 1st DCA 2014)…ry interest which may be exercised over the property of another.” Because “section 57.081, unlike section 57.085, does not contain statutory language authorizing imposition of a lien,” such a lien cannot be imposed. Id. See also Walton v. McDonough, 957 So. 2d 69 (Fla. 1st DCA 2007) (“[T]his court has rejected the argument that a lien may be placed on a prisoner’s trust account by operation of the general indigency statute.”). Moreover, the circuit court here erred in finding that appellant “incurred [the c…
Authorities Cited
- Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)
- C.R. v. State, 927 So. 2d 216 (Fla. 5th DCA 2006)
- Wagner v. McDONOUGH, 927 So. 2d 216 (Fla. 1st DCA 2006)
- Schmidt v. McDONOUGH, 951 So. 2d 797 (Fla. 2006)