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Escalona v. McDonough

District Court of Appeal of Florida, First District
Feb 26, 2007
950 So. 2d 484 (Fla. Dist. Ct. App. 2007)

Opinion

No. 1D06-4860.

February 26, 2007.

Petition for Writ of Certiorari — Original Jurisdiction.

Julio Escalona, pro se, Petitioner.

Bill McCollum, Attorney General, and Linda Horton Dodson, Assistant Attorney General, Tallahassee, for Respondent.


We find no merit to petitioner's claim that the circuit court departed from the essential requirements of law in denying his request for mandamus relief, and therefore deny the petition for writ of certiorari on the merits as to that issue. However, as respondent correctly concedes, petitioner's claim below constituted a "collateral criminal proceeding," and the circuit court was therefore without authority to impose a lien on petitioner's inmate trust account to recoup filing fees and costs. See Wagner v. McDonough, 930 So.2d 710 (Fla. 1st DCA 2006). Accordingly, we vacate the order imposing a lien and direct the circuit court to ensure the reimbursement to petitioner of any funds collected pursuant thereto.

BROWNING, C.J., KAHN and LEWIS, JJ., Concur.


Summaries of

Escalona v. McDonough

District Court of Appeal of Florida, First District
Feb 26, 2007
950 So. 2d 484 (Fla. Dist. Ct. App. 2007)
Case details for

Escalona v. McDonough

Case Details

Full title:Julio ESCALONA, Petitioner, v. James R. McDONOUGH, Secretary, Florida…

Court:District Court of Appeal of Florida, First District

Date published: Feb 26, 2007

Citations

950 So. 2d 484 (Fla. Dist. Ct. App. 2007)