MICHAEL HURLEY v. JAMES R. McDONOUGH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MICHAEL HURLEY, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. JAMES MCDONOUGH, Secretary, Florida Department of Corrections, CASE NO. 1D06-2904 Appellee. _____________________________/ Opinion filed February 12, 2007. An appeal from the Circuit Court for Leon County. Janet E. Ferris, Judge. Appellant Michael Hurley, pro se, Bushnel. Bill McCollum, Attorney General, and Alexandria E. Walters, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Michael Hurley appeals an order denying his petition for writ of mandamus and denying his pending motions, including a motion seeking relief from an order imposing a lien on his inmate trust account in connection with the mandamus proceeding. We affirm without discussion the denial of Hurley s petition. Because, however, as appellee correctly concedes, the action in the circuit court was a collateral criminal action, we reverse that portion of the order denying Hurley s motion seeking removal of the lien. See Cason v. Crosby, 892 So. 2d 536 (Fla. 1st DCA 2005). We remand the case with directions that the circuit court dissolve the lien and direct the reimbursement of any funds withdrawn pursuant thereto. See, e.g., Hickey v. McDonough, 32 Fla. L. Weekly D195 (Fla. 1st DCA Jan. 9, 2007); Marquez v. McDonough, 32 Fla. L. Weekly D192 (Fla. 1st DCA Jan. 5, 2007); Asad v. McDonough, 943 So. 2d 1021 (Fla. 1st DCA 2006). AFFIRMED IN PART; REVERSED IN PART; AND REMANDED, with directions. ALLEN, KAHN, and DAVIS, JJ., CONCUR. 2
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