BANKS v. McDONOUGH (2006)

District Court of Appeal of Florida,First District.

Robert E. BANKS, Petitioner, v. James R. McDONOUGH, Secretary, Florida Department of Corrections, Respondent.

No. 1D06-0338.

Decided: November 03, 2006

Robert E. Banks, pro se, Petitioner. Charlie Crist, Attorney General, and Mark J. Hiers, Assistant Attorney General, Tallahassee, for Respondent.

Petitioner seeks certiorari review of the trial court's orders (1) denying his petition for a writ of mandamus challenging a forfeiture of gain time in his prison disciplinary proceeding 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 Cason v. Crosby, 892 So.2d 536 (Fla. 1st DCA 2005).

PER CURIAM.

WEBSTER, VAN NORTWICK, and THOMAS, JJ., concur.

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