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

District Court of Appeal of Florida·Decided May 8, 2007·No. No. 1D06-4694·Published·Cited by 1 cases

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.

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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955 So. 2d 1205 (Fitzpatrick v. Florida Parole Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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