EBRIGHT
v.
STATE OF FLORIDA, DEPARTMENT OF CORRECTIONS
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The Florida First District Court of Appeal affirmed a circuit court's dismissal of an inmate's declaratory judgment and injunctive relief complaint against the Department of Corrections, but vacated and remanded the order imposing a lien on the inmate's trust account for court costs and filing fees in a collateral criminal proceeding.
The circuit court properly dismissed the complaint, and this dismissal is affirmed. However, the court erred in imposing a lien on the inmate's trust account for court costs and filing fees because the underlying action is a collateral criminal proceeding. The lien order is vacated and the case is remanded for reimbursement of funds withdrawn from the trust account pursuant to the lien.
[1] In collateral criminal proceedings, courts are prohibited from imposing liens on inmate trust accounts to recover court costs and filing fees.
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Join FLexlaw to unlock all legal intelligence“because the underlying action constitutes a "collateral criminal proceeding," the circuit court erred by imposing a lien on the appellant's inmate trust account for payment of court costs and filing fees”
Establishes that courts cannot impose liens on inmate trust accounts in collateral criminal proceedings
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Join FLexlaw to unlock all legal intelligenceShane L. Ebright, an inmate appearing pro se, filed a complaint for declaratory judgment and injunctive relief against the State of Florida, Departmen…
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October 9, 2024 PER CURIAM.
The circuit court’s order dismissing the appellant’s complaint for declaratory judgment and injunctive relief is affirmed. But as the appellee correctly concedes, because the underlying action constitutes a “collateral criminal proceeding,” the circuit court erred by imposing a lien on the appellant’s inmate trust account for payment of court costs and filing fees. See McNeil v. Cox, 997 So. 2d 343, 348 (Fla. 2008); Yasir v. McDonough, 28 So. 3d 60, 61 (Fla. 1st DCA 2006). Accordingly, we vacate the circuit court’s order imposing the lien and remand for entry of an order directing the reimbursement of those funds withdrawn from his account pursuant to the lien. Because this is a ministerial action, the appellant need not be present. See Milne v. Inch, 310 So. 3d 1119, 1119 (Fla. 1st DCA 2021).
AFFIRMED in part, VACATED in part, and REMANDED.
LEWIS, ROBERTS, and RAY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.