BOWLEG v. FLORIDA DEPARTMENT OF CORRECTIONS (2006)

District Court of Appeal of Florida,First District.

Fred BOWLEG, Appellant, v. The FLORIDA DEPARTMENT OF CORRECTIONS, et al., Appellee.

No. 1D06-1254.

Decided: December 28, 2006

Fred Bowleg, pro se, Appellant. Charlie Crist, Attorney General; Rosa Carson, General Counsel, and Connie Lynn Beach, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee.

The appellant's argument that the trial court erred in denying his petition for writ of mandamus is rejected. But because the underlying action constitutes a “collateral criminal proceeding” pursuant to section 57.085(10), Florida Statutes, the trial court improperly imposed liens upon the appellant's inmate trust account for payment of court costs and fees. See Cox v. Crosby, 31 Fla. L. Weekly D310, --- So.2d ----, 2006 WL 176681 (Fla. 1st DCA Jan. 26, 2006), rev. granted sub nom., McDonough v. Cox, 924 So.2d 809 (Fla.2006); Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003). We accordingly reverse the lien order imposed as a result of appellant's filing of the petition for writ of mandamus. The trial court should direct the reimbursement of any funds that have been withdrawn from the appellant's account to satisfy the improper lien orders.

The order on appeal is AFFIRMED as to the challenge to the order by which the trial court denied mandamus, but is REVERSED as to the challenge to the lien orders.

PER CURIAM.

ERVIN, BARFIELD, and POLSTON, JJ., concur.

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