FARRAND D. CLARK, PETITIONER,
v.
JAMES R. MCDONOUGH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
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PER CURIAM.
The petition for writ of certiorari is denied on the merits. We do, however, quash the circuit court’s order imposing a lien of $280.00 on June 30, 2005, and direct the circuit court to order reimbursement of any funds that have been withdrawn from petitioner’s inmate trust account to satisfy the improper appellate fee lien order. Wheeler v. McDonough, 957 So. 2d 94 (Fla. 1st DCA 2007); Reddick v. McDonough, 938 So. 2d 595 (Fla. 1st DCA 2006). Because, petitioner challenged the loss of gain time, the proceeding below qualified as a “collateral criminal proceeding” under Schmidt v. Crusoe, 878 So. 2d 361 (Fla.2003), and there is no authority for imposing a lien under section 57.081, Florida Statutes (2006), the general indigency statute. Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005).
WOLF, PADOVANO, and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gaines v. McDONOUGH, 968 So. 2d 95 (Fla. 1st DCA 2007)…’s order is erroneous insofar as it instructs the imposition of a lien on Petitioner’s prison trust account, and Petitioner is entitled to relief on this issue. See Simpkins v. McDonough, 967 So. 2d 950 (Fla. 1st DCA [*97] 2007); Clark v. McDonough, 964 So. 2d 798 (Fla. 1st DCA 2007); Jackson v. McDonough, 31 Fla. L. Weekly D2299, — So. 2d -, 2006 WL 2527244 (Fla. 1st DCA Sept. 5, 2006); Cason, 892 So. 2d at 537. We DENY the petition for writ of cer-tiorari insofar as it challenges the circuit court’s denia…
Authorities Cited
- Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)
- Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005)
- Napoleon Reddick v. McDONOUGH, 938 So. 2d 595 (Fla. 1st DCA 2006)
- Wheeler v. McDONOUGH, 957 So. 2d 94 (Fla. 1st DCA 2007)