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SCHMIDT v. CRUSOE

No. SC00-2512.

878 So.2d 361 (2004)

Daniel Kevin SCHMIDT, Petitioner, v. John E. CRUSOE, etc., Respondent.

Supreme Court of Florida.

Rehearing Denied July 14, 2004.

Attorney(s) appearing for the Case

Susan L. Kelsey and Stephen F. Hanlon of Holland & Knight, LLP, Tallahassee, FL; Robin L. Rosenberg of Holland & Knight, LLP, St. Petersburg, FL; and Wendell T. Locke of Holland & Knight, LLP, Fort Lauderdale, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, and Robert C. Brannan, Assistant Attorney General, Tallahassee, FL, for Respondent.

PER CURIAM.

Daniel Kevin Schmidt petitions this Court for a writ of mandamus. We have jurisdiction. See art. V, § 3(b)(8), Fla. Const. For the reasons set out below, we grant the petition and hold that an inmate's petition for writ of mandamus challenging a loss of gain time is a collateral criminal proceeding and not a civil lawsuit as contemplated by the Prisoner Indigency Statute.

FACTS

Schmidt...

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