DAVID NORMAN, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT
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PER CURIAM.
Petitioner seeks a writ of certiorari overturning the circuit court’s denial of a petition for writ of mandamus and the imposition of a lien on his prisoner account. We find his argument is without merit and deny the petition without comment. We also deny his request to quash the order of indigency, as it was not properly presented below.
There is nothing in the record to indicate that Petitioner requested relief from the lower court’s imposition of a lien on his prisoner account. “In order to be preserved for further review by a higher court, an issue must be presented to the lower court and the specific legal argument or ground ... must be part of that presentation.” Tillman v. State, 471 So. 2d 32, 35 (Fla.1985). We have recently held that a proper motion is required in the lower court before we will consider an argument regarding whether a lien on a prisoner trust account was erroneously imposed. See Kemp v. McDonough, 955 So. 2d 635 (Fla. 1st DCA 2007).
PETITION DENIED.
KAHN, POLSTON and THOMAS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gaither v. McDONOUGH, 968 So. 2d 57 (Fla. 1st DCA 2007)…allenge to be preserved for appeal, the issue must be properly and timely raised in the circuit court. See Kemp v. McDonough, 955 So. 2d 635 (Fla. 1st DCA 2007); Parker v. McDonough, 958 So. 2d 1108 (Fla. 1st DCA 2007); Norman v. Fla. Parole Comm’n, 957 So. 2d 697 (Fla. 1st DCA 2007). Because the circuit court proceeding sought review of quasi-judicial action by a lower tribunal (i.e., the Department of Corrections), it was governed by the Florida Rules’ of Appellate Procedure. See Wilkinson v. McDonough, 9…
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W.T. Parker v. McDONOUGH, 958 So. 2d 1108 (Fla. 1st DCA 2007)…ng the petition for writ of mandamus below. There is nothing in the record to show that petitioner requested relief from that order by filing a proper motion in the circuit court, therefore, petitioner waived the issue. Norman v. Fla. Parole Comm’n, 957 So. 2d 697 (Fla. 1st DCA 2007); Kemp v. McDonough, 955 So. 2d 635 (Fla. 1st DCA 2007). However, pursuant to Florida Rule of Appellate Procedure 9.430, we quash the circuit court’s order imposing a lien for costs and fees incurred in this appellate proceeding…
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Siddiq B.A. Asad v. McDONOUGH, 969 So. 2d 1174 (Fla. 1st DCA 2007)…PER CURIAM. AFFIRMED. See Norman v. Fla. Parole Comm’n, 957 So. 2d 697, 698 (Fla. 1st DCA 2007)(“[A] proper motion is required in the lower court before we will consider an argument regarding whether a lien on a prisoner trust account was erroneously imposed.”); Kemp v. McDonough, 955 So. 2d 635, 637 (Fla. 1st DCA 2007…
Authorities Cited
- Tillman v. State, 471 So. 2d 32 (Fla. 1985)
- Kemp v. McDONOUGH, 955 So. 2d 635 (Fla. 1st DCA 2007)