Summary
concluding "proper remedy is to file a motion in the circuit court seeking [removal of lien and restoration of funds collected], secure a ruling, and if necessary raise the issue when appellate review is sought of any final order in the proceedings below"
Summary of this case from Lewis v. Fla. Comm'n on Offender ReviewOpinion
No. 1D05-2016.
June 23, 2005.
Petition for Writ of Mandamus — Original Jurisdiction.
Donald S. Baldwin, petitioner, pro se.
No appearance for respondent.
By petition for writ of mandamus, Donald S. Baldwin seeks an order compelling the circuit court to remove a lien placed on his inmate trust account pursuant to section 57.085, Florida Statutes, and the restoration of all funds collected pursuant to that lien. We conclude that Baldwin's proper remedy is to file a motion in the circuit court seeking this relief, secure a ruling, and if necessary raise the issue when appellate review is sought of any final order in the proceedings below. Accordingly, we deny the petition for writ of mandamus on the merits, without prejudice to seeking relief in the circuit court.
WOLF, C.J., VAN NORTWICK and BROWNING, JJ., concur.