MARC V. MILLER, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT
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PER CURIAM.
Petitioner seeks review of the trial court’s orders (1) denying his petition for a writ of mandamus challenging the calculation of his presumptive parole release date and (2) imposing a lien on his inmate trust account to cover court costs and fees. Because the trial court afforded petitioner due process of law and did not depart from the essential requirements of law when it denied his petition for a writ of mandamus, we deny that portion of his petition for a writ of certiorari on the merits. However, because, as respondent correctly concedes, the action in the trial court was a collateral criminal action as that term is defined in Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003), we grant the petition to the extent it seeks to have the order placing a lien on his inmate trust account vacated. See Brooks v. Fla. Parole Comm’n, 948 So. 2d 801 (Fla. 1st DCA 2006); Spaziano v. Fla. Parole Comm’n, — So. 2d —, 2006 WL 1565289 (Fla. 1st DCA June 9, 2006).
BROWNING, C.J., WEBSTER, and PADOYANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Michael v. Fla. Corr. Comm'n, 966 So. 2d 982 (Fla. 1st DCA 2007)…appellant’s action constituted a collateral criminal proceeding under section 57.085(10), Florida Statutes, the circuit court erred by imposing a lien on her inmate account to cover the costs of this appeal. See Miller v. Florida Parole Commission, 951 So. 2d 22 (Fla. 1st DCA 2007); Schmidt v. Crusoe, 878 So. 2d 361 (Fla.2003). The order by which the lien for appellate costs was imposed is accordingly reversed and this case is remanded for the trial court to direct the reimbursement of any funds that have…
Authorities Cited
- Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)
- Alphonso Brooks v. Fla. Parole Comm'n, 948 So. 2d 801 (Fla. 1st DCA 2006)