Schittino v. Florida Department of Corrections

District Court of Appeal of Florida

Schittino v. Florida Department of Corrections

154 So. 3d 1216, 2015 Fla. App. LEXIS 575, 2015 WL 233036

CourtDistrict Court of Appeal of Florida

DecidedJanuary 20, 2015

DocketNo. 1D14-0832

StatusPublished

This text of 154 So. 3d 1216 (Schittino v. Florida Department of Corrections) 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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Schittino v. Florida Department of Corrections, 154 So. 3d 1216, 2015 Fla. App. LEXIS 575, 2015 WL 233036 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Petitioner seeks review of an order dismissing his petition for writ of mandamus challenging a disciplinary action. We deny the petition for writ of certiorari on the merits. However, as respondent concedes, the underlying proceedings constituted a “collateral criminal proceeding” and therefore imposition of the lien was improper. See Jackson v. McDonough, 28 So.3d 61 (Fla. 1st DCA 2006). We quash the circuit court’s order on indigency imposing a lien for initiating the petition for writ of mandamus. The circuit court should direct the reimbursement of any funds that have been withdrawn from petitioner’s account to satisfy the improper lien order.

PADOVANO, WETHERELL, and SWANSON, JJ., concur.

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PER CURIAM.

Petitioner seeks review of an order dismissing his petition for writ of mandamus challenging a disciplinary action. We deny the petition for writ of certiorari on the merits. However, as respondent concedes, the underlying proceedings constituted a “collateral criminal proceeding” and therefore imposition of the lien was improper. See Jackson v. McDonough, 28 So.3d 61 (Fla. 1st DCA 2006). We quash the circuit court’s order on indigency imposing a lien for initiating the petition for writ of mandamus. The circuit court should direct the reimbursement of any funds that have been withdrawn from petitioner’s account to satisfy the improper lien order.

PADOVANO, WETHERELL, and SWANSON, JJ., concur.

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154 So. 3d 1216, 2015 Fla. App. LEXIS 575, 2015 WL 233036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schittino-v-florida-department-of-corrections-fladistctapp-2015.

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