Marvin Pace v. State of Florida, et al.

Third District Court of Appeal
State of Florida
Opinion filed December 31, 2025.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-0096
Lower Tribunal No. F16-7074
________________
Marvin Pace,
Appellant,
vs.
State of Florida, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Laura Anne
Stuzin, Judge.
Marvin Pace, in proper person.
James Uthmeier, Attorney General, and Linda Katz, Assistant
Attorney General; Charles Thomas Martin, Jr., Assistant General
Counsel (Tallahassee), for appellees.
Before LOGUE, LINDSEY, and MILLER, JJ.
PER CURIAM.
In the lower court, the Florida Department of Corrections filed a motion
to impose a civil restitution lien against Appellant pursuant to section

2
960.293(2)(b), Florida Statutes. On January 20, 2023, the trial court granted
the motion and entered an order imposing a lien in the amount of
$273,750.00. On June 27, 2023, the Appellant filed a motion to vacate the
lien due to various legal infirmities including the fact that he never received
a copy of the order. The trial court denied the motion and Appellant appealed.
On appeal, the Florida Department of Corrections acknowledged that
the motions for such liens were civil in nature. See Fla. Dep’t of Corr. v Holt,
373 So. 3d 969, 971 (Fla. 2d DCA 2023). It further acknowledged that, while
the trial court lacked jurisdiction to hear the motion under Florida Rule of Civil
Procedure 1.530, it had such jurisdiction under Florida Rule of Civil
Procedure 1.540(b)(4). It also noted that the mail logs of the facility indicated
the Appellant did not receive the order. The Florida Department of
Corrections therefore indicated it “does not oppose Appellant’s requested
relief to vacate the order in light of the review of the mail logs.”
In light of the Florida Department of Corrections’ acknowledgements,
the January 20, 2023 order is reversed. In doing so, we commend the candor
and professionalism of Charles Thomas Martin, Jr., Esquire.
Reversed.