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RUTLEDGE v. McDONOUGH

No. 1D05-3702.

931 So.2d 171 (2006)

Jesse RUTLEDGE, Petitioner, v. James R. McDONOUGH, Secretary, Florida Department of Corrections, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied June 22, 2006.

Attorney(s) appearing for the Case

Jesse Rutledge, pro se, Petitioner.

Philip A. Fowler, Assistant General Counsel, Florida Department of Corrections, Tallahassee, for Respondent.

PER CURIAM.

The petitioner's argument that the trial court departed from the essential requirements of law by denying his petition for writ of mandamus is without merit and is rejected. But because the underlying action constitutes a "collateral criminal proceeding" pursuant to section 57.085(10), Florida Statutes, the trial court improperly imposed two liens upon the petitioner's inmate trust account for payment of court costs and fees. See Cox v. Crosby,...

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