Baldwin v. Crosby

905 So. 2d 250 · District Court of Appeal of Florida · Jun 23, 2005

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Baldwin v. Crosby

905 So.2d 250 (2005) Donald S. BALDWIN, Petitioner, v. James V. CROSBY, Jr., Secretary, Department of Corrections, Respondent. No. 1D05-2016. District Court of Appeal of Florida, First District. June 23, 2005. Donald S. Baldwin, petitioner, pro se. No appearance for respondent. *251 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.

Parentheticals

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
Lopez v. McDonough
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”
Michael G. 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”
Alan Pate v. State of Florida, Department of Corrections
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”
Gene Ramirez v. Department of Corrections
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”
Spaulding v. Department of Corrections
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”
Murzike v. Department of Corrections
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”
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”
Ramirez v. Department of Corrections
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”
Pate v. State, Department of Corrections
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"
Lewis v. Fla. Comm'n on Offender Review
con- eluding “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”
Washington v. Department of Children & Families