Banks v. McDonough

District Court of Appeal of Florida

Banks v. McDonough

947 So. 2d 1237, 2007 Fla. App. LEXIS 1059, 2007 WL 247129

CourtDistrict Court of Appeal of Florida

DecidedJanuary 31, 2007

DocketNo. 1D06-3342

StatusPublished

This text of 947 So. 2d 1237 (Banks v. McDonough) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Banks v. McDonough, 947 So. 2d 1237, 2007 Fla. App. LEXIS 1059, 2007 WL 247129 (Fla. Ct. App. 2007).

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Opinion

PER CURIAM.

We reject petitioner’s contention that the circuit court departed from the essential requirements of law when it denied his petition for writ of mandamus. However, as respondent correctly concedes, petitioner’s claim constituted a collateral criminal proceeding, and the imposition of a lien on his inmate trust account to recoup filing fees and costs was therefore unauthorized. See Wagner v. McDonough, 927 So.2d 216 (Fla. 1st DCA 2006). Accordingly, while we deny the petition for writ of certiorari as it pertains to the final order denying mandamus relief, we vacate the order imposing a lien on petitioner’s inmate trust account and direct the circuit court to reimburse any funds withdrawn pursuant to that order.

WOLF, VAN NORTWICK, and LEWIS, JJ., concur.

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PER CURIAM.

We reject petitioner’s contention that the circuit court departed from the essential requirements of law when it denied his petition for writ of mandamus. However, as respondent correctly concedes, petitioner’s claim constituted a collateral criminal proceeding, and the imposition of a lien on his inmate trust account to recoup filing fees and costs was therefore unauthorized. See Wagner v. McDonough, 927 So.2d 216 (Fla. 1st DCA 2006). Accordingly, while we deny the petition for writ of certiorari as it pertains to the final order denying mandamus relief, we vacate the order imposing a lien on petitioner’s inmate trust account and direct the circuit court to reimburse any funds withdrawn pursuant to that order.

WOLF, VAN NORTWICK, and LEWIS, JJ., concur.

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Bluebook (online)

947 So. 2d 1237, 2007 Fla. App. LEXIS 1059, 2007 WL 247129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banks-v-mcdonough-fladistctapp-2007.

Opinion

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