ERNEST FITZPATRICK, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT
ERNEST FITZPATRICK, PETITIONER,
FLORIDA PAROLE COMMISSION, RESPONDENT
955 So. 2d 1205
Florida District Court of Appeal, First District (2007)
Positive Treatment
Cited by 2 cases
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Johnson v. State, 973 So. 2d 1236 (Fla. 1st DCA 2008)…ns which “if proven, would establish that the judgment is void,” the trial court must conduct an evidentiary hearing. Leipuner v. Fed. Deposit Ins. Corp., 860 So. 2d 1027, 1028 (Fla. 5th DCA 2003); see also Pallai v. Dep’t of Revenue ex rel. Tipton, 955 So. 2d 1205, 1206 (Fla. 2d DCA 2007) (reversing trial court’s order denying a motion to vacate a 1992 paternity judgment alleged to be void and remanding the matter to the trial court for an evidentiary hearing on, among other things, issues of personal service…
-
Hemant N. Shah and Mayur J. Mehta v. Regions Bank, 255 So. 3d 951 (Fla. 2d DCA 2018)
Authorities Cited
- Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)