Fitzpatrick v. Florida Parole Commission
Florida District Courts of Appeal
Fitzpatrick v. Florida Parole Commission, 955 So. 2d 1205 (2007)
2007 Fla. App. LEXIS 7026; 2007 WL 1319266
Hawkes, Kahn, Lewis
Fitzpatrick v. Florida Parole Commission
Opinion of the Court
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.
Reference
- Full Case Name
- Ernest FITZPATRICK v. FLORIDA PAROLE COMMISSION
- Cited By
- 1 case
- Status
- Published