Smith v. Florida Dept. of Correc.

Full title: GLENN SMITH and THOMAS PERRY WELLS, JR., Appellants, v. FLORIDA DEPARTMENT…

Court: District Court of Appeal of Florida, First District

Date published: Feb 28, 2007

No. 1D06-2475 (Fla. Dist. Ct. App. Feb. 28, 2007)

Opinion

No. 1D06-2475.

Opinion filed February 28, 2007.

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

Glenn Smith, pro se, Appellant.

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

PER CURIAM.

Appellant, Glenn Smith, raises several challenges on appeal, only one of which has merit. As the State concedes, the trial court erred in denying appellant's motion for relief from an order assessing appellate attorney's fees against appellant for a previous appeal taken by another inmate. We, therefore, reverse and remand to the trial court to grant the appropriate relief to appellant for the improperly assessed fees.

WOLF, VAN NORTWICK, and LEWIS, JJ., CONCUR.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED