Whited v. Florida Commission on Offender Review

District Court of Appeal of Florida

Whited v. Florida Commission on Offender Review

145 So. 3d 951, 2014 Fla. App. LEXIS 13090, 2014 WL 4159997

CourtDistrict Court of Appeal of Florida

DecidedAugust 22, 2014

DocketNo. 1D13-4673

StatusPublished

Cited by2 cases

This text of 145 So. 3d 951 (Whited v. Florida Commission on Offender Review) 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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Whited v. Florida Commission on Offender Review, 145 So. 3d 951, 2014 Fla. App. LEXIS 13090, 2014 WL 4159997 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

Appellant challenges the circuit court’s order denying in part and dismissing in part his petition for writ of mandamus in which he challenged the Florida Parole Commission’s calculation of his presumptive parole release date. We affirm on all issues but one. We find the circuit court erred in imposing liens on appellant’s inmate trust account for court costs and fees for filing his petition for writ of mandamus and subsequent appeal. See Fla. Parole Comm’n. v. Spaziano, 48 So.3d 714, 724 (Fla.2010); and § 57.085(10), Fla. Stat. Thus, we reverse the circuit court’s orders imposing the liens, and we remand with instructions that the trial court direct that appellant be reimbursed for any funds that were removed from his account. On all other issues, we affirm.

AFFIRMED IN PART, REVERSED IN PART, and REMANDED WITH INSTRUCTIONS.

LEWIS, C.J., WOLF and WETHERELL, JJ., concur.

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PER CURIAM.

Appellant challenges the circuit court’s order denying in part and dismissing in part his petition for writ of mandamus in which he challenged the Florida Parole Commission’s calculation of his presumptive parole release date. We affirm on all issues but one. We find the circuit court erred in imposing liens on appellant’s inmate trust account for court costs and fees for filing his petition for writ of mandamus and subsequent appeal. See Fla. Parole Comm’n. v. Spaziano, 48 So.3d 714, 724 (Fla.2010); and § 57.085(10), Fla. Stat. Thus, we reverse the circuit court’s orders imposing the liens, and we remand with instructions that the trial court direct that appellant be reimbursed for any funds that were removed from his account. On all other issues, we affirm.

AFFIRMED IN PART, REVERSED IN PART, and REMANDED WITH INSTRUCTIONS.

LEWIS, C.J., WOLF and WETHERELL, JJ., concur.

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145 So. 3d 951, 2014 Fla. App. LEXIS 13090, 2014 WL 4159997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whited-v-florida-commission-on-offender-review-fladistctapp-2014.

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