RUFUS HAMPTON, APPELLANT,
v.
JAMES R. MCDONOUGH, APPELLEE
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Affirmed trial court's denial of inmate's motion for relief from lien on trust account, holding that Rule of Civil Procedure 1.540(b) was unavailable in a mandamus proceeding governed by appellate rules, and any motion for reconsideration should have been filed under Rule of Appellate Procedure 9.330 within the applicable time limit.
In a mandamus proceeding challenging a prison disciplinary action, an inmate cannot use Florida Rule of Civil Procedure 1.540(b) to seek relief from a lien imposed on his trust account; instead, he must use Florida Rule of Appellate Procedure 9.330 for rehearing or clarification, and any such motion must be timely filed.
[1] In a mandamus proceeding seeking review of quasi-judicial action by a prison disciplinary tribunal, the Florida Rules of Appellate Procedure govern the trial court procee…
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Join FLexlaw to unlock all legal intelligenceHampton, an inmate, filed a mandamus petition in trial court challenging an adverse prison disciplinary action. The trial court imposed a lien on his …
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PER CURIAM.
In the underlying mandamus proceeding filed in the trial court challenging an adverse result in a prison disciplinary action, the trial court imposed a lien pursuant to section 57.085, Florida Statutes (2006), on appellant’s inmate trust account to recover court costs and fees. Rather than seeking-review of that order here following entry by the trial court of a final order dismissing the mandamus petition, more than two months after entry of that order, appellant filed in the trial court a “Motion for Relief from Order of Indigence Imposing Lien on Prisoner Trust Account,” assertedly pursuant to Florida Rule of Civil Procedure 1.540(b), which the trial court denied.
Because the trial 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, 960 So. 2d 911 (Fla. 1st DCA 2007). Accordingly, Florida Rule of Civil Procedure 1.540(b) was unavailable to appellant. To the extent appellant wished to have the trial court reconsider its order imposing a lien on his inmate trust account, his recourse was to file in the trial court a motion for rehearing or clarification pursuant to Florida Rule of Appellate Procedure 9.330. Treating appellant’s “Motion for Relief from Order of Indigence Imposing Lien on Prisoner Trust Account” as having been filed pursuant to that rule, it was untimely. Therefore, the trial court correctly denied appellant’s motion.
AFFIRMED.
KAHN, WEBSTER, and ROBERTS, JJ., concur.
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Autley Mobley v. McNEIL, 989 So. 2d 1215 (Fla. 1st DCA 2008)…llate Procedure. See Wilkinson v. McDonough, 960 So. 2d 911 (Fla. 1st DCA 2007). For this reason, Florida Rule of Civil Procedure 1.540(b) was unavailable to the appellant as a vehicle to challenge the interlocutory lien order. Hampton v. McDonough, 967 So. 2d 317 (Fla. 1st DCA 2007). The relief sought by the appellant in his Motion Seeking Relief from an Order Imposing a Lien on Petitioner Trust Account Pursuant to Section 57.085, Florida Statutes, was in the nature of rehearing of the circuit court’s order…1 / 2
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Coley v. Fla. Parole Comm'n, 977 So. 2d 614 (Fla. 1st DCA 2008)…PER CURIAM. DENIED. Hampton v. McDonough, 967 So. 2d 317 (Fla. 1st DCA 2007). KAHN, WEBSTER, and ROBERTS, JJ., concur.…
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Steele v. State, 967 So. 2d 951 (Fla. 1st DCA 2007)…PER CURIAM. AFFIRMED. See Hampton v. McDonough, 967 So. 2d 317 (Fla. 1st DCA 2007). ALLEN, WEBSTER, and VAN NORTWICK, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wilkinson v. McDONOUGH, 960 So. 2d 911 (Fla. 1st DCA 2007)