Fitzpatrick v. Florida Parole Commission

District Court of Appeal of Florida

Fitzpatrick v. Florida Parole Commission

955 So. 2d 1205, 2007 Fla. App. LEXIS 7026, 2007 WL 1319266

CourtDistrict Court of Appeal of Florida

DecidedMay 8, 2007

DocketNo. 1D06-4694

StatusPublished

Cited by1 cases

This text of 955 So. 2d 1205 (Fitzpatrick v. Florida Parole Commission) 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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Fitzpatrick v. Florida Parole Commission, 955 So. 2d 1205, 2007 Fla. App. LEXIS 7026, 2007 WL 1319266 (Fla. Ct. App. 2007).

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Opinion

PER CURIAM.

Petitioner requests we issue a writ of certiorari to quash the trial court’s order imposing the lien it placed on petitioner’s inmate trust account upon petitioner’s filing of a petition for writ of mandamus. Because the petition for writ of mandamus sought only credit for time served, the petition constituted a collateral criminal proceeding. See e.g., Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003). Consequently, court costs may not be assessed. See id. The petition for writ of certiorari is GRANTED, and the order imposing the lien is QUASHED.

KAHN, LEWIS, and HAWKES, JJ., concur.

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PER CURIAM.

Petitioner requests we issue a writ of certiorari to quash the trial court’s order imposing the lien it placed on petitioner’s inmate trust account upon petitioner’s filing of a petition for writ of mandamus. Because the petition for writ of mandamus sought only credit for time served, the petition constituted a collateral criminal proceeding. See e.g., Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003). Consequently, court costs may not be assessed. See id. The petition for writ of certiorari is GRANTED, and the order imposing the lien is QUASHED.

KAHN, LEWIS, and HAWKES, JJ., concur.

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955 So. 2d 1205, 2007 Fla. App. LEXIS 7026, 2007 WL 1319266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzpatrick-v-florida-parole-commission-fladistctapp-2007.

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