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778 So. 2d 411

Docket No. 1D99-2052.

Huffman v. Moore

David HUFFMAN, Appellant, v. Michael W. MOORE, Secretary, Appellee.

District Court of Appeal of Florida

Decided January 31, 2001.

District Court of Appeal of Florida · decided 2001-01-31

Cited by 4 later decisions — most recently October 2007

4 state decisions

Relies on Harper v. Moore · Pace v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-01-31

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¶1Pro Se, for Appellant.

¶2Robert A. Butterworth, Attorney General; James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4Appellant, a state prisoner, appeals the trial court's order dismissing his petition for writ of mandamus for failure to make a timely partial payment of court costs and fees, as ordered, within fifteen (15) days. We reverse and remand for a determination as to whether, pursuant to section 57.085(5), Florida Statutes, the Department of Corrections placed a hold on Appellant's prison account, thus precluding him from making payment in a timely manner. See Harper v. Moore, 737 So.2d 1232 (Fla. 1st DCA 1999). If so, dismissal for failure to make the initial payment would be error. See id. at 1233.

¶5In addition, Appellant paid the full filing fee after the trial court's dismissal of his petition with funds derived by gift from his *412 family. Accordingly, if Appellant remains indigent, the trial court shall enter an appropriate order consistent herewith to reimburse Appellant for all of the court costs paid voluntarily by him directly to the clerk. See generally, Pace v. State, 763 So.2d 375 (Fla. 2d DCA 2000).

¶6REVERSED and REMANDED for proceedings consistent with this opinion.

¶7KAHN, BROWNING and LEWIS, JJ., CONCUR.

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