Ledger v. City of St. Petersburg
135 So. 3d 496
Fla. Dist. Ct. App.2014Background
- Three civil litigants filed petitions for writs of certiorari in the Sixth Judicial Circuit Appellate Division challenging municipal hearing-master decisions.
- Each petitioner submitted a motion to proceed in forma pauperis, a motion for indigent fee waiver, and an application for civil-indigence certification.
- The clerk granted certificates of civil indigence in all three matters.
- The circuit court nevertheless denied fee waivers, ruling that appellate filing fees may be deferred but not waived, and ordered payment plans for the filing fees.
- Petitioners sought writs of mandamus from this court to compel the circuit court to waive the filing fees once indigence was certified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a court must waive appellate filing fees when a party has a certificate of civil indigence | Certificate of indigence under §57.081(1) requires waiver of prepayment and filing fees | Statutes governing appellate filing (§34.041(5), §28.241(2), §28.246(4)) permit only deferral of fees in circuit-court appeals | Court held fee must be waived for certified indigent litigants; deferral is to allow fee recovery from opposing party if indigent prevails, not to force indigent to pay |
Key Cases Cited
- Lee Cnty. v. State Farm Mut. Auto. Ins. Co., 634 So.2d 250 (Fla. 2d DCA 1994) (mandamus enforces a public officer’s ministerial duty)
- Schmidt v. Crusoe, 878 So.2d 361 (Fla. 2003) (ambiguous statutes may be interpreted for mandamus clarity)
- Fla. Caucus of Black State Legislators, Inc. v. Crosby, 877 So.2d 861 (Fla. 1st DCA 2004) (statutory interpretation may resolve mandamus questions)
- Butler v. State, 838 So.2d 554 (Fla. 2003) (related statutes should be harmonized to give effect to each)
- Fla. Parole Comm’n v. Spaziano, 48 So.3d 714 (Fla. 2010) (§57.081 provides general waiver of prepayment of costs and fees for certified indigents)