Escalona v. McDonough

District Court of Appeal of Florida

Escalona v. McDonough

950 So. 2d 484, 2007 Fla. App. LEXIS 2701, 2007 WL 556936

CourtDistrict Court of Appeal of Florida

DecidedFebruary 26, 2007

DocketNo. 1D06-4860

StatusPublished

This text of 950 So. 2d 484 (Escalona 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.

Bluebook

Escalona v. McDonough, 950 So. 2d 484, 2007 Fla. App. LEXIS 2701, 2007 WL 556936 (Fla. Ct. App. 2007).

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Opinion

PER CURIAM.

We find no merit to petitioner’s claim that the circuit court departed from the essential requirements of law in denying his request for mandamus relief, and therefore deny the petition for writ of certiorari on the merits as to that issue. However, as respondent correctly concedes, petitioner’s claim below constituted a “collateral criminal proceeding,” and the circuit court was therefore without authority to impose a lien on petitioner’s inmate trust account to recoup filing fees and costs. See Wagner v. McDonough, 930 So.2d 710 (Fla. 1st DCA 2006). Accordingly, we vacate the order imposing a lien and direct the circuit court to ensure the reimbursement to petitioner of any funds collected pursuant thereto.

BROWNING, C.J., KAHN and LEWIS, JJ., Concur.

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PER CURIAM.

We find no merit to petitioner’s claim that the circuit court departed from the essential requirements of law in denying his request for mandamus relief, and therefore deny the petition for writ of certiorari on the merits as to that issue. However, as respondent correctly concedes, petitioner’s claim below constituted a “collateral criminal proceeding,” and the circuit court was therefore without authority to impose a lien on petitioner’s inmate trust account to recoup filing fees and costs. See Wagner v. McDonough, 930 So.2d 710 (Fla. 1st DCA 2006). Accordingly, we vacate the order imposing a lien and direct the circuit court to ensure the reimbursement to petitioner of any funds collected pursuant thereto.

BROWNING, C.J., KAHN and LEWIS, JJ., Concur.

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Bluebook (online)

950 So. 2d 484, 2007 Fla. App. LEXIS 2701, 2007 WL 556936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/escalona-v-mcdonough-fladistctapp-2007.

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