# Higueras v. Crosby

> District Court of Appeal of Florida · November 30, 2005 · 924 So. 2d 18

URL: https://www.frixlaw.com/law-library/cases/1853876

## Case

- **Court:** District Court of Appeal of Florida
- **Decided:** November 30, 2005
- **Citations:** 924 So. 2d 18; 2005 WL 3179473
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1853876

## How later opinions describe it (automated extraction)

- explaining that a "petitioner has an adequate remedy by raising" a challenge to an order imposing a lien on an inmate trust account "on appeal from a final order in the circuit court case"

## Opinion text

924 So.2d 18 (2005)
Frederico A. HIGUERAS, Petitioner,
v.
James V. CROSBY, Jr., Secretary, Department of Corrections, Respondent.
No. 1D05-3853.
District Court of Appeal of Florida, First District.
November 30, 2005.
*19 Frederico A. Higueras, pro se, petitioner.
No appearance for respondent.
PER CURIAM.
Frederico Higueras' mandamus petition challenges an order which imposed a lien on his inmate trust account to recover filing fees for a circuit court proceeding. His remedy for interlocutory review, if any, would be certiorari rather than mandamus. Brown v. Campion, 757 So.2d 535 (Fla. 1st DCA 2000). Because the petition was not filed within 30 days of rendition of the order sought to be reviewed, this court's jurisdiction was not timely invoked and the petition must be, and hereby is, dismissed on jurisdictional grounds. Fla. R.App. P. 9.100(c)(1). Moreover, petitioner has an adequate remedy by raising this issue on appeal from a final order in the circuit court case, see Cason v. Crosby, 892 So.2d 536 (Fla. 1st DCA 2005), and dismissal of this petition is without prejudice to Higueras' right to pursue that course when the circuit court proceeding has been concluded.
PETITION DISMISSED.
DAVIS, BROWNING and LEWIS, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1853876. Public record. Not legal advice.