JESSE RUTLEDGE, PETITIONER,
v.
JAMES R. MCDONOUGH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
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PER CURIAM.
The petitioner’s argument that the trial court departed from the essential requirements of law by denying his petition for writ of mandamus is without merit and is rejected. But because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085(10), Florida Statutes, the trial court improperly imposed two liens upon the petitioner’s inmate trust account for payment of court costs and fees. See Cox v. Crosby, 31 Fla. L. Weekly D310, — So. 2d -, 2006 WL 176681(Fla. 1st DCA Jan.26, 2006), rev. granted sub nom. McDonough v. Cox, No. SC06-301, 924 So. 2d 809, 2006 WL 1047612 (Fla. Mar. 14, 2006); Schmidt v. Crusoe, 878 So. 2d 361 (Fla.2003). We accordingly quash the two lien orders. The trial court should direct the reimbursement of any funds that have been withdrawn from the petitioner’s account to satisfy the improper lien orders.
The petition is DENIED as to the challenge to the order by which the trial court denied mandamus, but it is GRANTED as to the challenge to the lien orders and those orders are hereby QUASHED.
ALLEN, VAN NORTWICK, and POLSTON, JJ., concur.
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Aguilar v. McDONOUGH, 943 So. 2d 988 (Fla. 1st DCA 2006)…suant to section 57.085(10), Florida [*989] Statutes, the trial court improperly imposed two liens upon appellant’s prison account for payment of court costs and fees. See Lopez v. McDonough, 935 So. 2d 47 (Fla. 1st DCA 2006); Rutledge v. McDonough, 931 So. 2d 171 (Fla. 1st DCA 2006). Accordingly, we quash the two lien orders. Upon remand, the trial court shall ensure reimbursement of any funds withdrawn from appellant’s account to satisfy the improper lien orders, and order removal of the liens. ERVIN, A…
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Lowery v. McDONOUGH, 947 So. 2d 1210 (Fla. 1st DCA 2007)…d. We also grant relief with regard to the circuit court’s two indigency orders and remand for proceedings in accordance with section 57.081, Florida Statutes, on Lowery’s requests to be certified as indigent in that tribunal. Rutledge v. McDonough, 931 So. 2d 171 (Fla. 1st DCA 2006). AFFIRMED in part and REVERSED in part. BARFIELD, VAN NORTWICK, and THOMAS, JJ., CONCUR. . This court has appellate jurisdiction pursuant to Green v. Moore, 777 So. 2d 425 (Fla. 1st DCA 2000).…
Authorities Cited
- Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)
- McDonough v. Cox, 924 So. 2d 809 (Fla. 2006)