Bowleg v. Florida Department of Corrections

District Court of Appeal of Florida

Bowleg v. Florida Department of Corrections

949 So. 2d 1058, 2006 Fla. App. LEXIS 21934, 2006 WL 3796485

CourtDistrict Court of Appeal of Florida

DecidedDecember 28, 2006

DocketNo. 1D06-1254

StatusPublished

This text of 949 So. 2d 1058 (Bowleg v. Florida Department of Corrections) 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

Bowleg v. Florida Department of Corrections, 949 So. 2d 1058, 2006 Fla. App. LEXIS 21934, 2006 WL 3796485 (Fla. Ct. App. 2006).

Pincite

Opinion

PER CURIAM.

The appellant’s argument that the trial court erred in denying his petition for writ of mandamus 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 liens upon the appellant’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, 924 So.2d 809 (Fla.2006); Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003). We accordingly reverse the hen order imposed as a result of appellant’s filing of the petition for writ of mandamus. The trial court should direct the reimbursement of any funds that have been withdrawn from the appellant’s account to satisfy the improper lien orders.

The order on appeal is AFFIRMED as to the challenge to the order by which the trial court denied mandamus, but is RE[1059]*1059VERSED as to the challenge to the lien orders.

ERVIN, BARFIELD, and POLSTON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The appellant’s argument that the trial court erred in denying his petition for writ of mandamus 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 liens upon the appellant’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, 924 So.2d 809 (Fla.2006); Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003). We accordingly reverse the hen order imposed as a result of appellant’s filing of the petition for writ of mandamus. The trial court should direct the reimbursement of any funds that have been withdrawn from the appellant’s account to satisfy the improper lien orders.

The order on appeal is AFFIRMED as to the challenge to the order by which the trial court denied mandamus, but is RE[1059]*1059VERSED as to the challenge to the lien orders.

ERVIN, BARFIELD, and POLSTON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

949 So. 2d 1058, 2006 Fla. App. LEXIS 21934, 2006 WL 3796485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowleg-v-florida-department-of-corrections-fladistctapp-2006.

Opinion

Related

Cite This Page — Counsel Stack