Hurley v. McNeil
This text of 993 So. 2d 552 (Hurley v. McNeil) 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.
Opinion
Appellant, Michael Hurley, filed a civil rights claim on August 20, 2007. On September 6, 2007, the trial court found appellant to be indigent. The trial court ordered appellant to submit a partial prepayment of $19 within 30 days. The trial court dismissed the action because appellant failed to make such payment. Appellant claims he could not make the payment because the Department of Corrections has a hold on his prison account.
We reverse and remand for the trial court to determine whether appellant had the ability to make the payment. See Harper v. Moore, 737 So.2d 1232 (Fla. 1st DCA 1999) (explaining that dismissal for failure to make the initial payment would be error where an inmate is unable to make prepayment because the Department of Corrections had placed a hold on the inmate’s account).
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Cite This Page — Counsel Stack
993 So. 2d 552, 2008 Fla. App. LEXIS 15413, 2008 WL 4526095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hurley-v-mcneil-fladistctapp-2008.