From Casetext: Smarter Legal Research

Ortiz v. McDonough

District Court of Appeal of Florida, First District
Jun 15, 2007
957 So. 2d 1256 (Fla. Dist. Ct. App. 2007)

Opinion

No. 1D06-4268.

May 4, 2007. Rehearing Denied June 15, 2007.

An appeal from the Circuit Court for Leon County. Thomas H. Bateman, III, Judge.

Rudolfo G. Ortiz, pro se, Appellant.

Bill McCollum, Attorney General, and Joy A. Stubbs, Assistant Attorney General, Tallahassee, for Appellee.


Ortiz challenges an order dismissing his petition for mandamus and an order finding him to be a vexatious litigant and assessing attorney's fees. We affirm as to the dismissal of the mandamus petition without further comment.

We reverse that portion of the order finding Ortiz's petition to be frivolous pursuant to section 57.085(9), Florida Statutes (2005), and assessing attorney's fees pursuant to section 57.105, Florida Statutes (2005), as these sections do not apply to collateral criminal proceedings.

We affirm the order in all other respects as appellant has failed to properly raise a challenge as to the rest of the order regarding the finding of being a vexatious litigant.

ALLEN and POLSTON, JJ., concur.


Summaries of

Ortiz v. McDonough

District Court of Appeal of Florida, First District
Jun 15, 2007
957 So. 2d 1256 (Fla. Dist. Ct. App. 2007)
Case details for

Ortiz v. McDonough

Case Details

Full title:Rudolfo G. ORTIZ, Appellant, James R. McDONOUGH, Secretary, Florida…

Court:District Court of Appeal of Florida, First District

Date published: Jun 15, 2007

Citations

957 So. 2d 1256 (Fla. Dist. Ct. App. 2007)