Bryant v. Department of Corrections

District Court of Appeal of Florida

Bryant v. Department of Corrections

954 So. 2d 644, 2007 Fla. App. LEXIS 4144, 2007 WL 836602

CourtDistrict Court of Appeal of Florida

DecidedMarch 21, 2007

DocketNo. 1D06-1871

StatusPublished

This text of 954 So. 2d 644 (Bryant v. 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.

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Bryant v. Department of Corrections, 954 So. 2d 644, 2007 Fla. App. LEXIS 4144, 2007 WL 836602 (Fla. Ct. App. 2007).

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Opinion

PER CURIAM.

The circuit court’s order denying appellant’s petition for writ of mandamus is affirmed. However, as appellee correctly concedes, appellant’s claim below constituted a “collateral criminal proceeding,” and the circuit court was therefore without authority to impose liens on appellant’s inmate trust account to recoup the filing fees and costs. See Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003); Jackson v. McDonough, 31 Fla. L. Weekly D2299, — So.2d —, 2006 WL 2527244 (Fla. 1st DCA Sept.5, 2006). Accordingly, we quash the portions of the circuit court’s orders on indigency for this appeal and for the initiation of the petition for writ of mandamus below which imposed a lien on appellant’s inmate trust account. The circuit court shall direct the reimbursement of any funds that have been withdrawn from appellant’s account to satisfy the improper hen orders.

ALLEN, DAVIS, and BENTON, JJ., concur.

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PER CURIAM.

The circuit court’s order denying appellant’s petition for writ of mandamus is affirmed. However, as appellee correctly concedes, appellant’s claim below constituted a “collateral criminal proceeding,” and the circuit court was therefore without authority to impose liens on appellant’s inmate trust account to recoup the filing fees and costs. See Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003); Jackson v. McDonough, 31 Fla. L. Weekly D2299, — So.2d —, 2006 WL 2527244 (Fla. 1st DCA Sept.5, 2006). Accordingly, we quash the portions of the circuit court’s orders on indigency for this appeal and for the initiation of the petition for writ of mandamus below which imposed a lien on appellant’s inmate trust account. The circuit court shall direct the reimbursement of any funds that have been withdrawn from appellant’s account to satisfy the improper hen orders.

ALLEN, DAVIS, and BENTON, JJ., concur.

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954 So. 2d 644, 2007 Fla. App. LEXIS 4144, 2007 WL 836602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-department-of-corrections-fladistctapp-2007.

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