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SMITH v. FLORIDA DEPT. OF CORRECTIONS

No. 1D08-2054.

27 So.3d 124 (2010)

Robert L. SMITH, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee.

District Court of Appeal of Florida, First District.

January 25, 2010.

Attorney(s) appearing for the Case

Robert L. Smith, pro se, Appellant.

Bill McCollum, Attorney General and Donna La Plante, Assistant Attorney General, Tallahassee, for Appellee.

WETHERELL, J.

Appellant seeks review of the final order dismissing his negligence action against the Department of Corrections (DOC) as "frivolous" and entering a civil restitution lien against him in the amount of $250,000. We affirm the dismissal of the negligence action, but we vacate the lien.

On January 29, 1998, Appellant was convicted of first degree murder and sentenced to life in prison without the possibility of parole. He was committed to the custody...

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