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MOBLEY v. McDONOUGH

No. 1D05-5995.

946 So.2d 40 (2006)

Autley MOBLEY, Petitioner, v. James R. McDONOUGH, Secretary, Florida Department of Corrections, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied January 12, 2007.

Attorney(s) appearing for the Case

Autley Mobley, pro se, Petitioner.

Charlie Crist, Attorney General, and Linda Horton Dodson, Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM.

Petitioner's argument that the circuit court erred in 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 (2005), the circuit court improperly imposed a lien upon petitioner's inmate trust account for payment of court costs and fees. See Cox v. Crosby, 31 Fla. L. Weekly D310, ___ So.2d ___, 2006...

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