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Rodriguez v. McDonough

Citations: 932 So. 2d 515; 2006 WL 1675089Docket: 1D05-3615

Court: District Court of Appeal of Florida; June 20, 2006; Florida; State Appellate Court

Narrative Opinion Summary

The petition for writ of certiorari filed by David Rodriguez against James R. McDonough was denied by the District Court of Appeal of Florida, First District. However, the court vacated the circuit court's order of indigency, specifically regarding the imposition of a lien on Rodriguez's inmate trust account. This decision references the precedent set in Wagner v. McDonough, 927 So.2d 216 (Fla. 1st DCA 2006). The opinion was issued per curiam, with Judges Allen, Davis, and Thomas concurring.

Legal Issues Addressed

Application of Precedent in Judicial Decisions

Application: The decision to vacate the order was based on the precedent established in a prior case, Wagner v. McDonough.

Reasoning: This decision references the precedent set in Wagner v. McDonough, 927 So.2d 216 (Fla. 1st DCA 2006).

Denial of Petition for Writ of Certiorari

Application: The District Court of Appeal of Florida, First District, denied the petition for writ of certiorari filed by David Rodriguez against James R. McDonough.

Reasoning: The petition for writ of certiorari filed by David Rodriguez against James R. McDonough was denied by the District Court of Appeal of Florida, First District.

Vacating Orders Relating to Indigency and Liens

Application: The court vacated the circuit court's order of indigency concerning the imposition of a lien on Rodriguez's inmate trust account.

Reasoning: However, the court vacated the circuit court's order of indigency, specifically regarding the imposition of a lien on Rodriguez's inmate trust account.