McGee v. State, Florida Department of Corrections

This is an appeal from the circuit court’s dismissal of Appellant’s petition for writ of mandamus in which Appellant sought to reinstate his lost gain time. We deny on the merits Appellant’s petition for reinstatement of his gain time, 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).

We write only…