Summary
holding that it is error to dismiss a complaint for failure to pay the filing fee when the fee could not have been paid because the complainant, a prisoner, had a hold on his inmate account
Summary of this case from Eason v. MooreOpinion
No. 1D99-2052.
Opinion filed January 31, 2001.
An appeal from the Circuit Court for Leon County. John E. Crusoe, Judge.
Reversed and remanded.
Pro Se, for Appellant.
Robert A. Butterworth, Attorney General; James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee.
Appellant, a state prisoner, appeals the trial court's order dismissing his petition for writ of mandamus for failure to make a timely partial payment of court costs and fees, as ordered, within fifteen (15) days. We reverse and remand for a determination as to whether, pursuant to section 57.085(5), Florida Statutes, the Department of Corrections placed a hold on Appellant's prison account, thus precluding him from making payment in a timely manner. See Harper v. Moore, 737 So.2d 1232 (Fla. 1st DCA 1999). If so, dismissal for failure to make the initial payment would be error. See id. at 1233.
In addition, Appellant paid the full filing fee after the trial court's dismissal of his petition with funds derived by gift from his family. Accordingly, if Appellant remains indigent, the trial court shall enter an appropriate order consistent herewith to reimburse Appellant for all of the court costs paid voluntarily by him directly to the clerk. See generally, Pace v. State, 763 So.2d 375 (Fla. 2d DCA 2000).
REVERSED and REMANDED for proceedings consistent with this opinion.
KAHN, BROWNING and LEWIS, JJ., Concur.