Delgado v. McDonough

District Court of Appeal of Florida

Delgado v. McDonough

942 So. 2d 952, 2006 Fla. App. LEXIS 19551, 2006 WL 3371597

District Court of Appeal of Florida·Decided November 22, 2006·No. No. 1D06-2751·Published

Opinion

PER CURIAM.

Petitioner seeks certiorari review of the trial court’s orders (1) denying his petition for a writ of mandamus challenging a forfeiture of gain time in his prison disciplinary proceeding and (2) imposing a lien on his inmate trust account to cover court costs and fees. Because the trial court afforded petitioner due process of law and did not depart from the essential require[953]*953ments of law when it denied his petition for a writ of mandamus, we deny that portion of his petition for a writ of certio-rari on the merits. However, because, as respondent correctly concedes, the action in the trial court was a collateral criminal action as that term is defined in Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003), we grant the petition to the extent it seeks to have the order placing a lien on his inmate trust account vacated. See Cason v. Crosby, 892 So.2d 536 (Fla. 1st DCA 2005).

WEBSTER, BENTON, and VAN NORTWICK, JJ., concur.

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

PER CURIAM.

Petitioner seeks certiorari review of the trial court’s orders (1) denying his petition for a writ of mandamus challenging a forfeiture of gain time in his prison disciplinary proceeding and (2) imposing a lien on his inmate trust account to cover court costs and fees. Because the trial court afforded petitioner due process of law and did not depart from the essential require[953]*953ments of law when it denied his petition for a writ of mandamus, we deny that portion of his petition for a writ of certio-rari on the merits. However, because, as respondent correctly concedes, the action in the trial court was a collateral criminal action as that term is defined in Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003), we grant the petition to the extent it seeks to have the order placing a lien on his inmate trust account vacated. See Cason v. Crosby, 892 So.2d 536 (Fla. 1st DCA 2005).

WEBSTER, BENTON, and VAN NORTWICK, JJ., concur.

Delgado v. McDonough, 942 So. 2d 952, 2006 Fla. App. LEXIS 19551, 2006 WL 3371597 (Fla. Ct. App. 2006).

Pincite

942 So. 2d 952 (Delgado v. McDonough) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related