Legal Opinion

Harris v. Tucker

District Court of Appeal of Florida

Decided November 22, 2011No. 1D11-2029Published

1Per curiam

Petitioner seeks certiorari review of an order denying his amended petition for writ of mandamus in which he challenged a disciplinary action that resulted in a forfeiture of gain time. Thus, his claims in this proceeding constituted a collateral criminal proceeding. See Schmidt v. Crusoe, 878 So.2d 361 (Fla.2003). As such, there is no authority for the imposition of a lien. See Cason v. Crosby, 892 So.2d 536 (Fla. 1st DCA 2005). Accordingly, we treat Petitioner’s challenge to the order imposing a lien for costs and fees incurred in this appellate proceeding as a motion for review pursuant to…

2Cases cited3 opinions

  1. Schmidt v. CrusoeSupreme Court of Florida · 2003
  2. Cason v. CrosbyDistrict Court of Appeal of Florida · 2005
  3. Parker v. McDonoughDistrict Court of Appeal of Florida · 2007

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