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Huffman v. Moore

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eBook details

  • Title: Huffman v. Moore
  • Author : Florida Court of Appeals
  • Release Date : January 30, 2002
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 49 KB

Description

This case is on appeal following the remand to the trial court in Huffman v. Moore, 778 So. 2d 411 (Fla. 1st DCA 2001). Because the trial court failed to follow this Court's instructions, on remand, we reverse in part. Originally, the appellant had appealed the circuit 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. This Court issued an opinion in Huffman, in which it ordered the trial court to (1) make a determination as to whether the Department of Corrections placed a hold on his account precluding the appellant from making the initial payment in a timely manner, thereby making dismissal for failure to make the initial payment in error, and (2) determine whether the appellant remained indigent, thereby requiring that the appellant be reimbursed for all of the court costs paid voluntarily by the appellant to the clerk. Id. On remand, the circuit court reinstated the appellant's petition, thus satisfying the first instruction in our previous opinion. Subsequently, the appellant brought a motion to enforce the mandate, asserting that the circuit court had failed to comply with the second instruction in our previous opinion. On July 16, 2001, by order, we stated Appellant's Second Motion for Enforcement of Mandate is granted. Pursuant to the terms of this court's mandate issued February 27, 2001, the trial court is directed to immediately ascertain whether Appellant was indigent at the time his petition for writ of mandamus was initially dismissed and, if so, to issue an order reimbursing Appellant for all court costs paid by Appellant.


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