Smith v. Florida Department of Corrections
Smith v. Florida Department of Corrections
Opinion of the Court
We AFFIRM the dismissal of appellant’s petition for writ of mandamus. Of the ancillary issues raised by appellant, only one merits discussion. As appellant contends and appellee concedes, the trial court erred in imposing a lien on appellant’s inmate trust account to recoup court costs and fees incurred with respect to the mandamus proceedings. See Schmidt v. Crusoe, 878 So.2d 361 (Fla. 2003); Wagner v. McDonough, 927 So.2d 216 (Fla. 1st
We likewise grant appellant’s motion for review of the trial court’s order of insolvency for purposes of appeal to the extent that we vacate the portion of that order imposing a lien for appellate costs and fees. On remand, the trial court shall direct the reimbursement of any funds collected pursuant to the improper liens.
AFFIRMED in part, REVERSED in part, and REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.