Cash Wallace Pawley v. Fla. Dept. of Corrections

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D19-1589 _____________________________ CASH WALLACE PAWLEY, Appellant/Cross-Appellee, v. FLA. DEPT. OF CORRECTIONS, Appellee/Cross-Appellant. _____________________________ On appeal from the Circuit Court for Leon County. Karen Gievers, Judge. August 17, 2020 PER CURIAM. Cash Wallace Pawley appeals the trial court’s dismissal of his petition for writ of mandamus. The Florida Department of Corrections cross-appeals the trial court’s award of costs. We find that the trial court erred in awarding costs to Pawley as the petition was properly dismissed as moot. Pawley was not the prevailing party and therefore not entitled to costs under section 57.041, Florida Statutes. We reverse the award of costs and otherwise affirm the order under review. AFFIRMED in part, REVERSED in part, and REMANDED. B.L. THOMAS, WINOKUR, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Cash Wallace Pawley, pro se, Appellant/Cross-Appellee. Ashley Moody, Attorney General, and Kristen J. Lonergan, Assistant Attorney General, Tallahassee; Lance Eric Neff, General Counsel, Department of Corrections, Tallahassee, for Appellee/Cross-Appellant. 2