Joyner v. David

District Court of Appeal of Florida

Joyner v. David

959 So. 2d 1281, 2007 Fla. App. LEXIS 10766, 2007 WL 2001503

CourtDistrict Court of Appeal of Florida

DecidedJuly 12, 2007

DocketNo. 1D06-4769

StatusPublished

This text of 959 So. 2d 1281 (Joyner v. David) 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

Joyner v. David, 959 So. 2d 1281, 2007 Fla. App. LEXIS 10766, 2007 WL 2001503 (Fla. Ct. App. 2007).

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Opinion

PER CURIAM.

Petitioner seeks certiorari review of the circuit court’s denial of his petition for writ of mandamus. Specifically, Petitioner challenges the circuit court’s order imposing a lien on his inmate trust account and its determination that the Parole Commission did not violate his due process rights by revoking his conditional release.

There is no statutory authority for imposing a lien when a petitioner is merely challenging the Parole Commission’s revocation of his conditional release. See Crosby v. Fla. Parole Comm’n, 949 So.2d 1181, 1183 (Fla. 1st DCA 2007); Jones v. Fla. Parole Comm’n, 944 So.2d 1244 (Fla. 1st DCA 2006). Therefore, we GRANT the petition for writ of certiorari inasmuch as it contested the circuit court’s order imposing a lien and QUASH such order. However, we conclude that Petitioner’s due process claims are without merit. Consequently, we DENY that portion of the petition alleging due process violations.

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

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PER CURIAM.

Petitioner seeks certiorari review of the circuit court’s denial of his petition for writ of mandamus. Specifically, Petitioner challenges the circuit court’s order imposing a lien on his inmate trust account and its determination that the Parole Commission did not violate his due process rights by revoking his conditional release.

There is no statutory authority for imposing a lien when a petitioner is merely challenging the Parole Commission’s revocation of his conditional release. See Crosby v. Fla. Parole Comm’n, 949 So.2d 1181, 1183 (Fla. 1st DCA 2007); Jones v. Fla. Parole Comm’n, 944 So.2d 1244 (Fla. 1st DCA 2006). Therefore, we GRANT the petition for writ of certiorari inasmuch as it contested the circuit court’s order imposing a lien and QUASH such order. However, we conclude that Petitioner’s due process claims are without merit. Consequently, we DENY that portion of the petition alleging due process violations.

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

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Bluebook (online)

959 So. 2d 1281, 2007 Fla. App. LEXIS 10766, 2007 WL 2001503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joyner-v-david-fladistctapp-2007.

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