Diaz v. McDonough

District Court of Appeal of Florida

Diaz v. McDonough

953 So. 2d 657, 2007 Fla. App. LEXIS 4667, 2007 WL 934918

CourtDistrict Court of Appeal of Florida

DecidedMarch 30, 2007

DocketNo. 1D06-2803

StatusPublished

This text of 953 So. 2d 657 (Diaz 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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Diaz v. McDonough, 953 So. 2d 657, 2007 Fla. App. LEXIS 4667, 2007 WL 934918 (Fla. Ct. App. 2007).

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Opinion

PER CURIAM.

Petitioner’s argument that the circuit court erred in denying his petition for writ of mandamus is without merit and is rejected; however, because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085(10), Florida Statutes (2005), the circuit court improperly imposed a lien upon petitioner’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 quash that portion of the circuit court’s order on indigency imposing a lien as a result of the filing of the petition for writ of certiorari/mandamus below. The circuit court should direct the reimbursement of any funds that have been withdrawn from petitioner’s account to satisfy the improper lien order.

DENIED.

BARFIELD, WOLF, and VAN NORTWICK, JJ., Concur.

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PER CURIAM.

Petitioner’s argument that the circuit court erred in denying his petition for writ of mandamus is without merit and is rejected; however, because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085(10), Florida Statutes (2005), the circuit court improperly imposed a lien upon petitioner’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 quash that portion of the circuit court’s order on indigency imposing a lien as a result of the filing of the petition for writ of certiorari/mandamus below. The circuit court should direct the reimbursement of any funds that have been withdrawn from petitioner’s account to satisfy the improper lien order.

DENIED.

BARFIELD, WOLF, and VAN NORTWICK, JJ., Concur.

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Bluebook (online)

953 So. 2d 657, 2007 Fla. App. LEXIS 4667, 2007 WL 934918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diaz-v-mcdonough-fladistctapp-2007.

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