Summary
In Jones v. Florida Parole Commission, 944 So.2d 1244 (Fla. 1st DCA 2006), this court affirmed the circuit court's denial of a petition on the merits, quashed the circuit court's order imposing a lien on Petitioner's trust account to recover filing fees, and reversed for further proceedings.
Summary of this case from Jones v. Florida Par. CommOpinion
No. 1D06-1573.
December 28, 2006.
An appeal from the Circuit Court for Leon County. Janet E. Ferris, Judge.
Tony Jones, pro se, Appellant.
Bradley R. Bischoff, Assistant General Counsel, Florida Parole Commission, Tallahassee, for Appellee.
This is an appeal from the circuit court's denial of appellant's petition for writ of mandamus. We affirm the circuit court's denial of the petition challenging the revocation of his conditional release, but we must reverse the circuit court's order imposing a lien on appellant's prison account based on the holding in Schmidt v. Crusoe, 878 So.2d 361 (Fla. 2003). Under Schmidt, the circuit court erred when it ordered appellant to pay filing fees and imposed a lien on his prison account. See Cason v. Crosby, 892 So.2d 536, 537-38 (Fla. 1st DCA 2005).
AFFIRMED as to the challenge to the order by which the circuit court denied mandamus, but REVERSED as to the challenge to the lien order, and that order is hereby QUASHED.
ERVIN, ALLEN, and WOLF, JJ., Concur.