From Casetext: Smarter Legal Research

Norman v. Florida

District Court of Appeal of Florida, First District
May 21, 2007
957 So. 2d 697 (Fla. Dist. Ct. App. 2007)

Opinion

No. 1D06-4112.

May 21, 2007.

Petition for Writ of Certiorari — original jurisdiction.

David Norman, pro se, Petitioner.

Bradley R. Bischoff, Assistant General Counsel, Florida Parole Commission, Tallahassee, Attorneys for Respondent.


Petitioner seeks a writ of certiorari overturning the circuit court's denial of a petition for writ of mandamus and the imposition of a lien on his prisoner account. We find his argument is without merit and deny the petition without comment. We also deny his request to quash the order of indigency, as it was not properly presented below.

There is nothing in the record to indicate that Petitioner requested relief from the lower court's imposition of a lien on his prisoner account. "In order to be preserved for further review by a higher court, an issue must be presented to the lower court and the specific legal argument or ground . . . must be part of that presentation." Tillman v. State, 471 So.2d 32, 35 (Fla. 1985). We have recently held that a proper motion is required in the lower court before we will consider an argument regarding whether a lien on a prisoner trust account was erroneously imposed. See Kemp v. McDonough, 955 So.2d 635 (Fla. 1st DCA 2007).

PETITION DENIED.

KAHN, POLSTON and THOMAS, JJ., concur.


Summaries of

Norman v. Florida

District Court of Appeal of Florida, First District
May 21, 2007
957 So. 2d 697 (Fla. Dist. Ct. App. 2007)
Case details for

Norman v. Florida

Case Details

Full title:David NORMAN, Petitioner, v. FLORIDA PAROLE COMMISSION, Respondent

Court:District Court of Appeal of Florida, First District

Date published: May 21, 2007

Citations

957 So. 2d 697 (Fla. Dist. Ct. App. 2007)

Citing Cases

Parker v. McDonough

There is nothing in the record to show that petitioner requested relief from that order by filing a proper…

Gaither v. McDonough

This court has held that, for a lien challenge to be preserved for appeal, the issue must be properly and…