WILLIE YOUNG, PETITIONER,
v.
MORGAN SLAUGHTER, RESPONDENT
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The court held that the prisoner must obtain an insolvency certificate to proceed with a divorce suit without paying the filing fee.
A prisoner sought to file a divorce suit but could not afford the filing fee. The Clerk of Court required an insolvency certificate under Fla.Stat. § …
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PER CURIAM.
This is an original proceeding in mandamus. Petitioner, a prisoner in the Florida State Prison, desires to file a suit for dissolution of marriage in Duval County, Florida, but is unable to pay the $19.00 filing fee.
An alternative writ was issued. In his return, the Clerk of the Circuit Court refers to Fla.Stat. § 57.081, F.S.A., authorizing a suit for divorce without payment of the filing fee if a certificate of insolvency has been obtained from the Circuit Court Clerk. The return alleges that the necessary certificate, based on affidavit of the petitioner and verified by an attorney, has not been filed. From the return, it further appears that the Legal Aid Association will provide an attorney for petitioner, so that the necessary steps may be taken to comply with the provision of Fla.Stat. § 57.081, F. S.A. Upon return to the alternative writ, the alternative writ is discharged and the petition is dismissed without prejudice to the right of petitioner to proceed under Fla. Stat. § 57.081, F.S.A. It is so ordered.
ADKINS, C. J., and ROBERTS, ERVIN, BOYD, McCAIN, DEKLE and OVERTON, JJ., concur.
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Brinker v. Ludlow, 379 So. 2d 999 (Fla. 3d DCA 1980)…ments, has been carried forth to date. Despite its vintage, there is a paucity of reported decisions construing the statute. We do know that the issuance of a certificate of insolvency is a condition precedent to its activation. Young v. Slaughter, 298 So. 2d 357 (Fla.1974). In State ex rel. Shellman v. Norvell, 270 So. 2d 417 (Fla.4th DCA 1972), the sheriff of St. Lucie County was required to serve a summons in a dissolution of marriage proceeding on behalf of a Dade County resident only because that court…