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Joyner v. David

District Court of Appeal of Florida, First District
Jul 12, 2007
959 So. 2d 1281 (Fla. Dist. Ct. App. 2007)

Opinion

No. 1D06-4769.

July 12, 2007.

Petition for Writ of Certiorari — Original Jurisdiction.

Morris B. Joyner, pro se, Petitioner.

Connie Lynn Beach, Assistant General Counsel, Florida Parole Commission, Tallahassee, for Respondent.


Petitioner seeks certiorari review of the circuit court's denial of his petition for writ of mandamus. Specifically, Petitioner challenges the circuit court's order imposing a lien on his inmate trust account and its determination that the Parole Commission did not violate his due process rights by revoking his conditional release.

There is no statutory authority for imposing a lien when a petitioner is merely challenging the Parole Commission's revocation of his conditional release. See Crosby v. Fla. Parole Comm'n, 949 So.2d 1181, 1183 (Fla. 1st DCA 2007); Jones v. Fla. Parole Comm'n, 944 So.2d 1244 (Fla. 1st DCA 2006). Therefore, we GRANT the petition for writ of certiorari inasmuch as it contested the circuit court's order imposing a lien and QUASH such order. However, we conclude that Petitioner's due process claims are without merit. Consequently, we DENY that portion of the petition alleging due process violations.

KAHN, LEWIS, and HAWKES, JJ., concur.


Summaries of

Joyner v. David

District Court of Appeal of Florida, First District
Jul 12, 2007
959 So. 2d 1281 (Fla. Dist. Ct. App. 2007)
Case details for

Joyner v. David

Case Details

Full title:Morris B. JOYNER, Petitioner, v. Monica DAVID, Chairman, Florida Parole…

Court:District Court of Appeal of Florida, First District

Date published: Jul 12, 2007

Citations

959 So. 2d 1281 (Fla. Dist. Ct. App. 2007)