JOHNNY GAFFNEY v. JAMES R. MCDONOUGH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS
Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JOHNNY GAFFNEY, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D06-1407 JAMES R. McDONOUGH, Secretary, Florida Department of Corrections, Respondent. ______________________________/ Opinion filed November 22, 2006. Petition for Writ of Certiorari -- Original Jurisdiction. Johnny Gaffney, pro se, Petitioner. Charlie Crist, Attorney General, and Carrie R. McNair, Assistant Attorney General, Tallahassee, for Respondent. PER CURIAM. Johnny Gaffney seeks certiorari review of an order denying his petition for writ of mandamus, in which he challenged the outcome of a prison disciplinary proceeding that resulted in a forfeiture of gain-time. We find no merit to Gaffney s claim that the circuit court departed from the essential requirements of law when it denied mandamus relief, and therefore deny the portion of his petition for writ of certiorari directed to that issue. However, because Gaffney s claim constituted a collateral criminal proceeding pursuant to section 57.085(10), Florida Statutes, we agree with petitioner that the trial court improperly imposed a lien on his inmate trust account to recoup court costs and fees. See Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005). We therefore grant the petition for writ of certiorari to the extent it challenges the order imposing a lien, and quash that order. The circuit court should direct the reimbursement of any funds that have been withdrawn from petitioner s account to satisfy the improper lien order. KAHN, HAWKES, and THOMAS, JJ., CONCUR. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
