Supreme Court of Florida

In a suit challenging the reduction of gain time in a sentence being served for murder, determination that plaintiff-inmate's claim was a collateral criminal proceeding not subject to state indigency statutes concerning civil suits is affirmed where the holding in Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003), extends to all gain time actions, regardless of their nature, in which, if successful, the complaining party's claim would directly affect his or her time in prison, so as to preclude imposition of a lien on the inmate's trust account to recover applicable filing fees.

Appellate Information

• Decided 12/04/2008
• Published 12/04/2008

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Bill McCollum, Attorney General, Steven Todd Gold, Deputy Solicitor General, and Joy A. Stubbs, Assistant Attorney General, Tallahassee, FL, and Susan A. Maher, Deputy General Counsel, Department of Corrections, Tallahassee, FL, for Petitioner.


• For Appellees:
  
• Stephen H. Grimes and Matthew H. Mears of Holland and Knight, LLP, Tallahassee, FL, for Respondent.