Florida District Courts of Appeal, 2004

Hett v. White

Hett v. White
Florida District Courts of Appeal · Decided January 21, 2004 · Klein, Warner
863 So. 2d 488; 2004 Fla. App. LEXIS 444; 2004 WL 88856 (Southern Reporter, Second Series)

Hett v. White

Opinion of the Court

PER CURIAM.

Paul Hett seeks review of the trial court’s order granting his request for indi-gency status, yet dismissing his mandamus petition pursuant to section 57.085(6), Florida Statutes (2003). Through the mandamus petition filed after he exhausted administrative remedies, Hett was challenging disciplinary action taken by the Department of Corrections.

Pursuant to Schmidt v. Crusoe, 28 Fla. L. Weekly S367, — So.2d -, 2003 WL 1987971(Fla. May 1, 2003), Hett is entitled to relief as the review he seeks in the circuit court is a “collateral criminal proceeding” and, therefore, falls outside the requirements of section 57.085. Accordingly, we grant Hett’s petition and quash the order of the trial court.

WARNER, KLEIN and MAY, JJ., concur.

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