KEITH MATHIS, 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.
Florida appellate court quashed a circuit court order imposing a lien on an inmate's trust account for filing fees because section 57.085 does not apply to collateral criminal proceedings.
Section 57.085, Florida Statutes, does not authorize imposition of a lien on an inmate's trust account to recoup filing fees and costs in a collateral criminal proceeding.
[1] Section 57.085, Florida Statutes, does not authorize imposition of a lien on an inmate's trust account for filing fees and costs in a collateral criminal proceeding.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceKeith Mathis, after sentencing, sought a writ of mandamus for additional jail-time credit before delivery to the Department of Corrections. The circui…
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 Lien On Inmate Trust Account cases and more on FLexlaw
PER CURIAM.
Keith Mathis timely petitions for certiorari review of an order of the circuit court denying his petition for writ of mandamus, in which he sought an award of additional credit for time he spent in county jail following his sentencing but prior to his delivery to the custody of the Department of Corrections. The circuit court denied that claim on the merits, and Mathis does not challenge that ruling before this court. However, he asserts that the circuit court erred when, in reliance on section 57.085, Florida Statutes (2006), it imposed a lien on his inmate trust account to recoup filing fees and costs. The Department concedes and we agree that petitioner’s argument in this regard is meritorious. Since this claim, if successful, would have reduced the time he will spend in prison, it constituted a “collateral criminal” proceeding as described in Schmidt v. Crusoe, 878 So. 2d 361 (Fla.2003). Because section 57.085 was inapplicable, the imposition of a lien on petitioner’s inmate trust account was not authorized by law. See Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005).
Accordingly, we quash the order imposing a lien on petitioner’s inmate trust account to recoup filing fees and costs, and remand to the circuit court with instructions to direct the reimbursement of any funds collected pursuant to the improper lien.
VAN NORTWICK, LEWIS, and ROBERTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Pendarvis v. McDONOUGH, 963 So. 2d 307 (Fla. 1st DCA 2007)…ts, and Pendarvis does not challenge that ruling before this Court. However, he asserts that the circuit court erred when it imposed a lien on his inmate trust account. The Department concedes this error and we agree. See Mathis v. [*308] McDonough, 957 So. 2d 95 (Fla. 1st DCA 2007). Accordingly, we quash the order imposing a lien on petitioner’s inmate trust account and remand to the circuit court with instructions to direct the reimbursement of any funds collected pursuant to the improper lien. WOLF, P…
Authorities Cited
- Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)
- Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005)