Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Charles SCOTT, Petitioner, v. James McDONOUGH, Secretary, Department of Corrections, Respondent.
We deny the petition for writ of certiorari filed by Charles Scott seeking review of the circuit court's order denying his petition for writ of mandamus, which challenged a disciplinary report resulting in the imposition of disciplinary confinement and loss of gain time. To the extent that Scott contests the circuit court's imposition of a lien on his prisoner trust account, we treat his argument as if it had been filed as a motion for review pursuant to Florida Rule of Appellate Procedure 9.430. Lowery v. McDonough, 940 So.2d 540 (Fla. 1st DCA 2006). We grant that motion for review and quash the circuit court's order which authorised imposition of the lien. This court has repeatedly recognized that statutory authority does not exist for the circuit court to impose a lien to recover costs and fees in proceedings of this nature. Id.; see also Terry v. McDonough, 935 So.2d 81 (Fla. 1st DCA 2006); Rodriguez v. McDonough, 932 So.2d 515 (Fla. 1st DCA 2006); Wagner v. McDonough, 927 So.2d 216, 217 (Fla. 1st DCA 2006).
PER CURIAM.
WEBSTER, BENTON, and VAN NORTWICK, JJ., concur.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 1D06-1972.
Decided: December 28, 2006
Court: District Court of Appeal of Florida,First District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)