THOMAS ROWLIE, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT
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The court held that an erroneously placed lien on an inmate's account is not moot if funds have been withdrawn and must be reimbursed.
[1] A petition for writ of mandamus challenging the Florida Parole Commission's suspension of a presumptive parole release date is a collateral criminal proceeding.
[2] A lien erroneously placed on an inmate's trust account for circuit court costs and fees is not moot if the funds withdrawn to satisfy the lien have not been reimbursed.
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Join FLexlaw to unlock all legal intelligencePetitioner sought to remove a lien on his inmate trust account imposed for court costs and fees, challenging the suspension of his parole release date…
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[*1132] PER CURIAM.
Petitioner seeks review of the circuit court’s order denying his petition for writ of mandamus, and refusing to remove a lien on his inmate trust account imposed to recover circuit court costs and fees. The mandamus petition challenged the Florida Parole Commission’s suspension of petitioner’s presumptive parole release date. We deny his petition for writ of certiorari, insofar as it challenges denial of the petition for writ of mandamus filed in circuit court.
However, the action in the circuit court was a collateral criminal proceeding pursuant to Spaziano v. Florida Parole Commission, — So. 2d -, 2006 WL 1565289 (Fla. 1st DCA June 9, 2006).
See also Brooks v. Fla. Parole Comm’n, 948 So. 2d 801 (Fla. 1st DCA 2006) (citing Spa-ziano and holding that the petition for writ of mandamus challenging the Commission’s decision to suspend the petitioner’s presumptive parole release date is a collateral criminal proceeding, and that the prison indigency lien provision does not apply).
Although the circuit court agreed that the current state of the law precluded the imposition of a lien on petitioner’s trust account, the court refused to vacate the lien on the ground that the issue was moot because petitioner’s filing fees had already been paid in full. This court has previously ruled that “[i]f a lien is erroneously placed on an inmate’s account, the inmate is entitled to removal of the lien and reimbursement of the funds that were withdrawn from the account to satisfy the lien. Until and unless the funds are reimbursed, the matter is not moot.” Turner v. McDonough, 949 So. 2d 1106, 1107 (Fla. 1st DCA 2007) (citation omitted).
Accordingly, the petition for writ of certiorari is granted insofar as it seeks relief from an unauthorized lien. We vacate the order placing a lien on petitioner’s inmate trust account, and remand for entry of an order directing the reimbursement of those funds withdrawn from his account pursuant to the lien. The petition for writ of certiorari is otherwise denied.
ALLEN, WOLF, and POLSTON, JJ., concur.
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Phillips v. McDONOUGH, 969 So. 2d 461 (Fla. 1st DCA 2007)…al proceeding, and Appellee concedes the liens were incorrectly imposed. See Schmidt v. Crusoe, 878 So. 2d 361 (Fla.2003). Nor does Appellant’s release from incarceration affect her standing to challenge such liens. Cf. Rowlie v. Fla. Parole Comm’n, 958 So. 2d 1131 (Fla. 1st DCA 2007) (holding that claim for reimbursement of fees in collateral criminal proceeding was not moot when fees had been paid in full). Accordingly, we AFFIRM IN PART AND REVERSE IN PART. We remand with directions that the circuit court…
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Elford v. McDONOUGH, 973 So. 2d 546 (Fla. 1st DCA 2007)…a lien was placed on his trust account to recover the circuit court’s filing fee. Subsequently, the lien was removed but the court declined to order reimbursement of any funds taken pursuant to the lien. This was error. Rowlie v. Fla. Parole Comm’n, 958 So. 2d 1131 (Fla. 1st DCA 2007). We therefore grant the petition insofar as the circuit court’s order declined to order reimbursement of the funds withdrawn from the account to satisfy the lien, and remand to the circuit court for further proceedings only with…
Authorities Cited
- Alphonso Brooks v. Fla. Parole Comm'n, 948 So. 2d 801 (Fla. 1st DCA 2006)
- McKINSEY v. State, 949 So. 2d 1106 (Fla. 1st DCA 2007)