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Stanley v. Berry

District Court of Appeal of Florida, First District
Jul 11, 2006
933 So. 2d 1219 (Fla. Dist. Ct. App. 2006)

Summary

noting the circuit court's compliance with rule 9.430 by providing written reasons for its denial of the appellant's motion for order of insolvency

Summary of this case from Jachimski v. State

Opinion

No. 1D06-1547.

July 11, 2006.

An appeal from the Circuit Court for Leon County. James C. Hankinson, Judge.

Scott A. Stanley, pro se, Appellant.

No appearance for Appellee.


The court has considered appellant's motion for review of the circuit court's order denying insolvency. We affirm the circuit court's denial of insolvency. Appellant has failed to demonstrate any entitlement to relief. Only in cases involving criminal or collateral criminal proceedings does an incarcerated party who has been declared indigent for purposes of proceeding in the lower tribunal remain indigent. Fla.R.App.P. 9.430(b)(1)(B). As the instant proceeding is non-criminal, this presumption does not apply here.

The appellant also fails to demonstrate any error in the circuit court's order. The circuit court complied with rule 9.430 and provided reasons for its denial of the motion. The circuit court denied the motion for order of insolvency as legally insufficient based upon appellant's failure to provide an affidavit as to economic status. Section 57.085, Florida Statutes (2005), provides that an indigent prisoner may defer prepayment of court costs and fees by filing an affidavit of indigency which contains among other things, the nature and amount of prisoner's income as well as tangible and intangible property. As appellant did not provide this information, the circuit court properly denied the motion.

BARFIELD, VAN NORTWICK, and LEWIS, JJ., concur.


Summaries of

Stanley v. Berry

District Court of Appeal of Florida, First District
Jul 11, 2006
933 So. 2d 1219 (Fla. Dist. Ct. App. 2006)

noting the circuit court's compliance with rule 9.430 by providing written reasons for its denial of the appellant's motion for order of insolvency

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

Stanley v. Berry

Case Details

Full title:Scott STANLEY, Appellant, v. Crystal BERRY, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jul 11, 2006

Citations

933 So. 2d 1219 (Fla. Dist. Ct. App. 2006)

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