W.T. PARKER, PETITIONER,
v.
JAMES R. MCDONOUGH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
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The court denied the petition for writ of certiorari but quashed the circuit court's improper appellate fee lien imposed on an indigent inmate challenging loss of gain time, requiring reimbursement of withdrawn trust account funds.
A circuit court may not impose a lien for appellate costs and fees against an indigent inmate in a collateral criminal proceeding challenging loss of gain time under section 57.081, Florida Statutes.
[1] A circuit court may not impose a lien for appellate costs and fees under section 57.081, Florida Statutes, against an indigent inmate in a collateral criminal proceeding…
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Join FLexlaw to unlock all legal intelligencePetitioner W.T. Parker, an inmate, challenged the loss of gain time and sought relief through a petition for writ of mandamus. The circuit court impos…
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PER CURIAM.
The petition for writ of certiorari is denied on the merits. We also deny petitioner’s request to quash the circuit court’s order on indigency for filing 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incurred in this appellate proceeding and direct the circuit court to order reimbursement of any funds that have been withdrawn from petitioner’s inmate trust account to satisfy the improper appellate fee lien order. Wheeler v. McDonough, 957 So. 2d 94 (Fla. 1st DCA 2007); Reddick v. McDonough, 938 So. 2d 595 (Fla. 1st DCA 2006). Because petitioner challenged the loss of gain time, the proceeding below qualified as a “collateral criminal proceeding” under Schmidt v. Crusoe, 878 So. 2d 361 (Fla.2003), and there is no authority for imposing a lien under section 57.081, Florida Statutes (2006), the general indigency statute. Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005).
KAHN, LEWIS, and HAWKES, JJ., concur.
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Citator
Cited By
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Gaither v. McDONOUGH, 968 So. 2d 57 (Fla. 1st DCA 2007)…nying Appellant’s petition. This court has held that, for a lien challenge 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 Fl…
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Harris v. Tucker, 74 So. 3d 1133 (Fla. 1st DCA 2011)…grant the motion. On remand, the circuit court is instructed to direct the reimbursement of any funds that have been withdrawn from Petitioner’s inmate trust account to satisfy the [*1134] improper appellate fee lien order. See Parker v. McDonough, 958 So. 2d 1108 (Fla. 1st DCA 2007). We further remand for the circuit court to readdress the validity of the lien imposed for filing fees and costs associated with the mandamus proceeding based on the filing of the amended petition as contemplated in the circuit c…
Authorities Cited
- Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)
- Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005)
- Kemp v. McDONOUGH, 955 So. 2d 635 (Fla. 1st DCA 2007)
- Napoleon Reddick v. McDONOUGH, 938 So. 2d 595 (Fla. 1st DCA 2006)
- Norman v. Fla. Parole Comm'n, 957 So. 2d 697 (Fla. 1st DCA 2007)
- Wheeler v. McDONOUGH, 957 So. 2d 94 (Fla. 1st DCA 2007)