Public-domain · open source
OpenJurist

950 So. 2d 515

Docket No. 1D06-5281.

Frazier v. McDonough

Kelvin FRAZIER, Petitioner, v. James R. McDONOUGH, Secretary, Florida Department of Corrections, Respondent.

District Court of Appeal of Florida · decided 2007-03-13

Cited by 1 later decisions — most recently January 2010

1 state decisions

Relies on 878 So. 2d 361 - Schmidt v. Crusoe

Good law ✅— No negative treatment on recordhow we know

Decided 2007-03-13

View the full empirical analysis of this case →

¶1Kelvin Frazier, pro se, Petitioner.

¶2Bill McCollum, Attorney General, and Linda Horton Dodson, Assistant Attorney General, Tallahassee, for Respondent.

¶3PER CURIAM.

¶4In this petition for writ of certiorari, Petitioner challenges the circuit court's imposition of a lien on his inmate trust account for costs incurred in filing a petition for writ of mandamus. The petition for writ of mandamus challenged a disciplinary proceeding, which resulted in the loss of a portion of Petitioner's gain-time.

¶5Because Petitioner's challenge directly affected the time he will spend in prison, the circuit court departed from the essential requirements of law by placing a lien on his inmate trust account. See Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003). The petition for writ of certiorari challenging the imposition of a lien on Petitioner's inmate account is GRANTED, and the order imposing the lien is QUASHED.

¶6BROWNING, C.J., POLSTON, and HAWKES, JJ., concur.

/950/so2d/515 · .json · Public domain