Summary
The Third District Court of Appeal reversed an order imposing a $273,750 civil restitution lien against Marvin Pace. The court relied on the Florida Department of Corrections' acknowledgment that the lien proceeding was civil, that the trial court had jurisdiction under Florida Rule of Civil Procedure 1.540(b)(4), and that Pace had not received the order.
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Practice areas
Questions Presented
- Whether the January 20, 2023 order imposing the civil restitution lien should be vacated or reversed when the appellant did not receive a copy of the order and the Department of Corrections did not oppose the requested relief.
Holdings
- The January 20, 2023 order imposing the $273,750 civil restitution lien is reversed because the Department of Corrections acknowledged that the proceeding was civil, that relief could be sought under Florida Rule of Civil Procedure 1.540(b)(4), and that Appellant did not receive the order; the Department did not oppose vacatur.
Key quotations
“In light of the Florida Department of Corrections’ acknowledgements, the January 20, 2023 order is reversed.” (2)
Factual background
The Florida Department of Corrections sought a civil restitution lien against Marvin Pace. The circuit court imposed a $273,750 lien on January 20, 2023. Pace later moved to vacate the lien, including on the ground that he never received a copy of the order. The Department acknowledged on appeal that facility mail logs supported Pace's assertion and that it did not oppose vacatur.
Procedural history
The Florida Department of Corrections moved in the circuit court to impose a civil restitution lien under section 960.293(2)(b), Florida Statutes. The circuit court entered a January 20, 2023 order imposing a $273,750 lien. After Pace moved to vacate the lien, asserting that he had not received a copy of the order, the trial court denied relief, and Pace appealed. On appeal, the Department acknowledged that the lien proceeding was civil, that relief could be sought under Florida Rule of Civil Procedure 1.540(b)(4), and that facility mail logs showed Pace did not receive the order.