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Baldwin v. Crosby

District Court of Appeal of Florida, First District
Jun 23, 2005
905 So. 2d 250 (Fla. Dist. Ct. App. 2005)
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concluding "proper remedy is to file a motion in the circuit court seeking [removal of lien and restoration of funds collected], secure a ruling, and if necessary raise the issue when appellate review is sought of any final order in the proceedings below"

Summary of this case from Lewis v. Fla. Comm'n on Offender Review
See 10 Summaries

Opinion

No. 1D05-2016.

June 23, 2005.

Petition for Writ of Mandamus — Original Jurisdiction.

Donald S. Baldwin, petitioner, pro se.

No appearance for respondent.

PER CURIAM.

By petition for writ of mandamus, Donald S. Baldwin seeks an order compelling the circuit court to remove a lien placed on his inmate trust account pursuant to section 57.085, Florida Statutes, and the restoration of all funds collected pursuant to that lien. We conclude that Baldwin's proper remedy is to file a motion in the circuit court seeking this relief, secure a ruling, and if necessary raise the issue when appellate review is sought of any final order in the proceedings below. Accordingly, we deny the petition for writ of mandamus on the merits, without prejudice to seeking relief in the circuit court.

WOLF, C.J., VAN NORTWICK and BROWNING, JJ., concur.

Summaries of

Baldwin v. Crosby

District Court of Appeal of Florida, First District
Jun 23, 2005
905 So. 2d 250 (Fla. Dist. Ct. App. 2005)

concluding "proper remedy is to file a motion in the circuit court seeking [removal of lien and restoration of funds collected], secure a ruling, and if necessary raise the issue when appellate review is sought of any final order in the proceedings below"

Summary of this case from Lewis v. Fla. Comm'n on Offender Review

concluding "proper remedy is to file a motion in the circuit court seeking [removal of lien and restoration of funds collected], secure a ruling, and if necessary raise the issue when appellate review is sought of any final order in the proceedings below"

Summary of this case from Lewis v. Fla. Comm'n on Offender Review

concluding "proper remedy is to file a motion in the circuit court seeking [removal of lien and restoration of funds collected], secure a ruling, and if necessary raise the issue when appellate review is sought of any final order in the proceedings below"

Summary of this case from Ramirez v. Dep't of Corr.

concluding "proper remedy is to file a motion in the circuit court seeking [removal of lien and restoration of funds collected], secure a ruling, and if necessary raise the issue when appellate review is sought of any final order in the proceedings below"

Summary of this case from Pate v. State

concluding “proper remedy is to file a motion in the circuit court seeking [removal of lien and restoration of funds collected], secure a ruling, and if necessary raise the issue when appellate review is sought of any final order in the proceedings below”

Summary of this case from Lilja v. Mayo Corr. Inst. Official'S

concluding “proper remedy is to file a motion in the circuit court seeking [removal of lien and restoration of funds collected], secure a ruling, and if necessary raise the issue when appellate review is sought of any final order in the proceedings below”

Summary of this case from In re Washington

concluding “proper remedy is to file a motion in the circuit court seeking [removal of lien and restoration of funds collected], secure a ruling, and if necessary raise the issue when appellate review is sought of any final order in the proceedings below”

Summary of this case from Murzike v. Dep't of Corr.

concluding “proper remedy is to file a motion in the circuit court seeking [removal of lien and restoration of funds collected], secure a ruling, and if necessary raise the issue when appellate review is sought of any final order in the proceedings below”

Summary of this case from Spaulding v. Dep't of Corr.

concluding that the petitioner's proper remedy was to file a motion in the trial court seeking to remove the lien on his inmate trust account, secure a ruling, and, if necessary, raise the issue when appellate review of a final order in the proceedings below was sought

Summary of this case from Lopez v. McDonough

explaining that in order to remove a lien placed on an inmate trust account, the "proper remedy is to file a motion in the circuit court seeking this relief, secure a ruling, and if necessary raise the issue when appellate review is sought of any final order in the proceedings below"

Summary of this case from Davis v. State
Case details for

Baldwin v. Crosby

Case Details

Full title:Donald S. BALDWIN, Petitioner, v. James V. CROSBY, Jr., Secretary…

Court:District Court of Appeal of Florida, First District

Date published: Jun 23, 2005

Citations

905 So. 2d 250 (Fla. Dist. Ct. App. 2005)

Citing Cases

Williams v. State

Denied. See Baldwin v. Crosby, 905 So.2d 250, 251 (Fla. 1st DCA 2005).…

Urscher v. McNeil

PER CURIAM. DENIED. Baldwin v. Crosby, 905 So.2d 250 (Fla. 1st DCA 2005); Jenkins v. State, 957 So.2d 32…

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