955 So. 2d 1204

Joseph DAMES, Petitioner, v. James R. McDONOUGH, Secretary, Florida Department of Corrections, Respondent.

No. 1D06-3425.

District Court of Appeal of Florida, First District.

May 8, 2007.

Joseph Dames, pro se, Petitioner.

Kathleen Von Hoene, General Counsel, and Daniel Burke, Assistant General Counsel, Department of Corrections, Tallahassee, for Respondent.

PER CURIAM.

Petition for writ of certiorari is DENIED with respect to the writ of mandamus. Petitioner’s action in the lower tribunal is a collateral criminal action as defined by Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003), and subsequent cases. Therefore, the trial court’s order imposing a lien on petitioner’s inmate trust account is QUASHED. This action is REMANDED to the trial court for an order reimbursing petitioner’s inmate trust account for monies removed pursuant to the lien.

ALLEN, WEBSTER, and ROBERTS, JJ., concur.

Dames v. McDonough
955 So. 2d 1204

Case Details

Name
Dames v. McDonough
Decision Date
May 8, 2007
Citations

955 So. 2d 1204

Jurisdiction
Florida

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