Higueras v. Crosby
Cases that cite this one
4 later published cases cite this decision.
- State of Louisiana Versus Eric Richardson (La. Ct. App. 2019)
- Terry v. McDonough (Fla. Dist. Ct. App. 2006)
- Babij v. Department of Corrections (Fla. Dist. Ct. App. 2006)
- Thomas v. McDonough (Fla. Dist. Ct. App. 2006)
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
Frederico A. HIGUERAS, Petitioner,
v.
James V. CROSBY, Jr., Secretary, Department of Corrections, Respondent.
District Court of Appeal of Florida, First District.
*19 Frederico A. Higueras, pro se, petitioner.
No appearance for respondent.
PER CURIAM.
Frederico Higueras' mandamus petition challenges an order which imposed a lien on his inmate trust account to recover filing fees for a circuit court proceeding. His remedy for interlocutory review, if any, would be certiorari rather than mandamus. Brown v. Campion, 757 So.2d 535 (Fla. 1st DCA 2000). Because the petition was not filed within 30 days of rendition of the order sought to be reviewed, this court's jurisdiction was not timely invoked and the petition must be, and hereby is, dismissed on jurisdictional grounds. Fla. R.App. P. 9.100(c)(1). Moreover, petitioner has an adequate remedy by raising this issue on appeal from a final order in the circuit court case, see Cason v. Crosby, 892 So.2d 536 (Fla. 1st DCA 2005), and dismissal of this petition is without prejudice to Higueras' right to pursue that course when the circuit court proceeding has been concluded.
PETITION DISMISSED.
DAVIS, BROWNING and LEWIS, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.