Florida District Courts of Appeal, 2007

Fitzpatrick v. Florida Parole Commission

Florida District Courts of Appeal · Decided May 8, 2007 · Hawkes, Kahn, Lewis

955 So. 2d 1205; 2007 Fla. App. LEXIS 7026; 2007 WL 1319266 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Pallai v. Department of Revenue (Fla. Dist. Ct. App. 2007)

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.

Petitioner requests we issue a writ of certiorari to quash the trial court’s order imposing the lien it placed on petitioner’s inmate trust account upon petitioner’s filing of a petition for writ of mandamus. Because the petition for writ of mandamus sought only credit for time served, the petition constituted a collateral criminal proceeding. See e.g., Schmidt v. Crusoe, 878 So.2d 361 (Fla. 2003). Consequently, court costs may not be assessed. See id. The petition for writ of certiorari is GRANTED, and the order imposing the lien is QUASHED.

KAHN, LEWIS, and HAWKES, JJ., concur.

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