Florida District Courts of Appeal, 2007

Earle v. McDonough

Earle v. McDonough
Florida District Courts of Appeal · Decided February 26, 2007 · Browning, Padovano, Webster
950 So. 2d 483; 2007 Fla. App. LEXIS 2705; 2007 WL 556920 (Southern Reporter, Second Series)

Earle v. McDonough

Opinion of the Court

PER CURIAM.

The petition for writ of certiorari, insofar as it challenges the amount of gain time awarded to petitioner by the Florida Department of Corrections, is denied on the merits. Brown v. Moore, 800 So.2d 329 (Fla. 1st DCA 2001). However, we grant the petition to the extent it seeks review of the circuit court’s order that imposed a lien on petitioner’s trust account to recover circuit court filing fees for the proceedings below. The order of September 3, 2004, is quashed and the cause is remanded to the circuit court for reconsideration of petitioner’s request for indigency in accordance with section 57.081, Florida Statutes. The circuit court shall also order that any funds taken from petitioner’s trust account in accordance with the lien be refunded. Jackson v. McDonough, 31 Fla. L. Weekly D2299, — So.2d-, 2006 WL 2527244 (Fla. 1st DCA Sept.5, 2006).

PETITION GRANTED IN PART AND DENIED IN PART.

BROWNING, C.J., WEBSTER, and PADOVANO, JJ., CONCUR.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.