DANIEL LEE KNOD, SR. A/K/A KENNETH MCCAIN, PETITIONER,
v.
MICHAEL MOORE, SECRETARY OF THE DEPARTMENT OF CORRECTIONS, RESPONDENT
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A petitioner challenged a trial court's denial of his request for indigent status in a civil case. The Fourth District Court of Appeal affirmed the denial, holding that the petitioner failed to comply with statutory requirements because his affidavit was not notarized.
The court affirmed the trial court's denial of indigency status, concluding that the trial court was correct in denying indigency because the petitioner failed to comply with all requirements of section 57.085, Florida Statutes, specifically by failing to have the affidavit notarized.
[1] An order denying a request to proceed as an indigent in a civil case is reviewable by certiorari because its erroneous denial will cause irreparable harm that cannot be r…
[2] A trial court may deny a request for indigent status if the petitioner fails to comply with all statutory requirements, including notarization of the affidavit.
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Join FLexlaw to unlock all legal intelligence“erroneous denial of indigent status will cause irreparable harm which cannot be remedied on appeal”
Explains the court's prior basis for treating indigency denials as certiorari petitions rather than appeals
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Join FLexlaw to unlock all legal intelligencePetitioner Daniel Lee Knod, Sr. sought to proceed as an indigent in a civil case in trial court under section 57.085, Florida Statutes. The trial cour…
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KLEIN, J.
Petitioner has appealed an order denying his request to proceed as an indigent in a civil case in the trial court under section 57.085, Florida Statutes (2001). We have, in the past, treated a notice of appeal from such an order as a petition for certiorari, concluding that erroneous denial of indigent status will cause irreparable harm which cannot be remedied on appeal. Eberhardt v. Eberhardt, 590 So. 2d 1134 (Fla. 4th DCA 1992).
The first district disagrees with Eberhardt. In Brown v. Campion, 757 So. 2d 535 (Fla. 1st DCA 2000), that court concluded that the requirements for certiorari were not met and dismissed the appeal without prejudice to appellant’s filing a notice of appeal after obtaining a final order of dismissal.
After reading Brown, we requested that the clerk of this court ascertain from the clerks of the circuits in this district whether final orders of dismissal would, or could, be entered following an order denying indigency status in the trial court. Each trial court clerk advised that if the filing fee is not paid, and the judge does not grant indigency status, a file is not set up. We conclude that under these circumstances it would be unlikely that a litigant would be able to obtain an order of dismissal. We will therefore continue to review these orders under our certiorari jurisdiction.
The trial court denied indigency on the ground that the petitioner did not comply with all of the requirements of section 57.085, Florida Statutes (2001) and pointed out specifically that petitioner’s affidavit was not notarized. We conclude that the trial court was correct in denying indigen-cy for that reason alone and therefore deny certiorari.
FARMER and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Solomon Anthony Drayton v. Moore, 807 So. 2d 819 (Fla. 2d DCA 2002)…he Florida Supreme Court in Jackson v. Department of Corrections, 790 So. 2d 381 (Fla.2000). . We agree with the Fourth District that a denial of indigency status under section 57.085 is reviewable by petition for writ of certiorari. Knod v. Moore, 805 So. 2d 50, (Fla. 4th DCA 2001). Because the trial court also prescreened Drayton’s action and entered a dismissal order, the indigency determination is reviewable in this appeal of the dismissal order. . Drayton’s mandamus petition, with supporting affidavit…
Authorities Cited
- Brown v. Campion, 757 So. 2d 535 (Fla. 1st DCA 2000)
- Eberhardt v. Eberhardt, 590 So. 2d 1134 (Fla. 4th DCA 1992)