Florida District Courts of Appeal, 1997

Bell v. Perry

Florida District Courts of Appeal · Decided January 24, 1997 · Antoon, Cobb, Griffin

686 So. 2d 795; 1997 Fla. App. LEXIS 225; 1997 WL 24915 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Anderson & Padgett Sawmill v. Collins (Fla. Dist. Ct. App. 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This matter is before the court on a petition for writ of mandamus. The petitioner, a prisoner, requested a waiver of prepayment of court costs and fees under section 57.085, Florida Statutes (1995). Under the statute, the trial court must adjudicate the prisoner indigent and determine whether the claim is legally sufficient to state a cause of action for which the court may grant relief before a prisoner may receive such a waiver. The petitioner seeks a determination of indigency and legal sufficiency of his claim as provided by the statute. We grant the petition but withhold issuance of the writ at this time. Accordingly, we remand this matter to the trial court for prompt resolution.

Petition GRANTED, Issuance of writ WITHHELD.

COBB, GRIFFIN and ANTOON, JJ., concur.

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