Calero v. McDonough

District Court of Appeal of Florida

Calero v. McDonough

964 So. 2d 876, 2007 Fla. App. LEXIS 14866, 2007 WL 2766681

CourtDistrict Court of Appeal of Florida

DecidedSeptember 25, 2007

DocketNo. 1D06-1386

StatusPublished

This text of 964 So. 2d 876 (Calero 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.

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Calero v. McDonough, 964 So. 2d 876, 2007 Fla. App. LEXIS 14866, 2007 WL 2766681 (Fla. Ct. App. 2007).

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Opinion

PER CURIAM.

Luis A. Calero appeals an order denying his petition for writ of mandamus which challenged a prison disciplinary proceeding that resulted in a forfeiture of gain time. Because relief was denied on procedural grounds, we have appellate jurisdiction. Green v. Moore, 777 So.2d 425 (Fla. 1st DC A 2000). Finding no merit to Calero’s challenges to the circuit court’s denial of the mandamus petition, we affirm. However, Calero’s claim constituted a “collateral criminal proceeding” pursuant to section 57.085(10), Florida Statutes, and the trial court improperly imposed a lien on appellant’s inmate trust account to recoup court costs and fees. See Cason v. Crosby, 892 So.2d 536 (Fla. 1st DCA 2005). We therefore grant relief to appellant to the extent he challenges the orders imposing liens on his trust account and quash those orders. On remand, the circuit court shall direct reimbursement of any funds that have been withdrawn from appellant’s account to satisfy the improper lien orders.

BARFIELD, DAVIS, and LEWIS, JJ„ concur.

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PER CURIAM.

Luis A. Calero appeals an order denying his petition for writ of mandamus which challenged a prison disciplinary proceeding that resulted in a forfeiture of gain time. Because relief was denied on procedural grounds, we have appellate jurisdiction. Green v. Moore, 777 So.2d 425 (Fla. 1st DC A 2000). Finding no merit to Calero’s challenges to the circuit court’s denial of the mandamus petition, we affirm. However, Calero’s claim constituted a “collateral criminal proceeding” pursuant to section 57.085(10), Florida Statutes, and the trial court improperly imposed a lien on appellant’s inmate trust account to recoup court costs and fees. See Cason v. Crosby, 892 So.2d 536 (Fla. 1st DCA 2005). We therefore grant relief to appellant to the extent he challenges the orders imposing liens on his trust account and quash those orders. On remand, the circuit court shall direct reimbursement of any funds that have been withdrawn from appellant’s account to satisfy the improper lien orders.

BARFIELD, DAVIS, and LEWIS, JJ„ concur.

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Bluebook (online)

964 So. 2d 876, 2007 Fla. App. LEXIS 14866, 2007 WL 2766681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calero-v-mcdonough-fladistctapp-2007.

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