07-5909 MICHAEL HURLEY v. WALTER A. MCNEIL, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, et al.

State: Florida

Court: Florida First District Court

Docket No: 07-5909

Case Date: 10/10/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MICHAEL HURLEY, Appellant, v. WALTER A. McNEIL, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, ET AL., Appellee. ___________________________/ Opinion filed October 10, 2008. An appeal from the Circuit Court for Leon County. William L. Gary, Judge. Michael Hurley, pro se, Appellant. Bill McCollum, Attorney General, and Sherry Anita Toothman, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-5909

PER CURIAM. Appellant, Michael Hurley, filed a civil rights claim on August 20, 2007. On September 6, 2007, the trial court found appellant to be indigent. The trial court ordered appellant to submit a partial prepayment of $19 within 30 days. The trial court dismissed the action because appellant failed to make such payment. Appellant

claims he could not make the payment because the Department of Corrections has a hold on his prison account. We reverse and remand for the trial court to determine whether appellant had the ability to make the payment. See Harper v. Moore, 737 So. 2d 1232 (Fla. 1st DCA 1999) (explaining that dismissal for failure to make the initial payment would be error where an inmate is unable to make prepayment because the Department of Corrections had placed a hold on the inmate's account). WOLF, DAVIS, and ROBERTS, JJ., CONCUR.

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