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Livingston v. McDonough

District Court of Appeal of Florida, First District
May 14, 2007
955 So. 2d 665 (Fla. Dist. Ct. App. 2007)

Opinion

Nos. 1D06-2082, 1D06-2084.

May 14, 2007.

An appeal from the Circuit Court for Leon County. William L. Gary, Judge.

Joseph Livingston, pro se, Appellant.

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


Joseph Livingston (Appellant) petitions this Court for relief as to two disciplinary reports and liens imposed on his inmate trust account. We affirm the trial court's ruling on the mandamus petitions because they were untimely, but reverse the trial court's imposition of original and appellate liens on Appellant's inmate trust account. See Yasir v. McDonough, 31 Fla. L. Weekly D1459, ___ So.2d ___, 2006 WL 1419271 (Fla. 1st DCA May 25, 2006); Cox v. Crosby, 31 Fla. L. Weekly D310, ___ So.2d ___, 2006 WL 176681 (Fla. 1st DCA Jan.26, 2006), review granted by McDonough v. Cox, 924 So.2d 809 (Fla. 2006). We direct the circuit court to order reimbursement of any funds that may have been withdrawn from Appellant's account to satisfy the improper lien orders.

AFFIRMED in part and REVERSED in part.

BENTON and LEWIS, JJ., concur


Summaries of

Livingston v. McDonough

District Court of Appeal of Florida, First District
May 14, 2007
955 So. 2d 665 (Fla. Dist. Ct. App. 2007)
Case details for

Livingston v. McDonough

Case Details

Full title:Joseph LIVINGSTON, Appellant, v. James R. McDONOUGH, Secretary, Department…

Court:District Court of Appeal of Florida, First District

Date published: May 14, 2007

Citations

955 So. 2d 665 (Fla. Dist. Ct. App. 2007)