JOHN DISMUKE, APPELLANT,
v.
OFFICE OF THE STATE ATTORNEY, NINTH, ETC., APPELLEE

Fla. 5th DCA | 2007-02-23
No. 5D06-2236
PLEUS, C.J., SAWAYA and EVANDER, JJ., concur.
948 So. 2d 1039 Florida District Court of Appeal, Fifth District (2007) Positive Treatment
Cited by 4 cases
Topics
Right To Immediate Possession Of Property Writ Of Replevin Motion For Return Of Property Replevin

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Dismuke filed a writ of replevin seeking the return of three items of jewelry allegedly taken from him after his arrest on violation of probation charges. The trial court treated Dismuke’s writ of replevin as a motion for return of property. The trial court properly dismissed Dismuke’s motion because of its failure to allege that the jewelry was not the fruit of criminal activity. Scott v. State, 922 So. 2d 1024, 1026 (Fla. 5th DCA 2006).

We find this order is an appealable interlocutory order because it determined the right to immediate possession of property. Fla. R.App. P. 9.130(a)(3)(C)(ii); see also Eight Hundred, Inc. v. State, 781 So. 2d 1187 (Fla. 5th DCA 2001). The trial court’s dismissal of Dismuke’s motion was without prejudice. Therefore, we affirm the trial court’s decision. Such affirmance is without prejudice to Dismuke filing an amended motion in the circuit court.

AFFIRMED.

PLEUS, C.J., SAWAYA and EVANDER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Clinton v. State, 108 So. 3d 1134 (Fla. 5th DCA 2013)
    …ORFINGER, C.J. David E. Clinton appeals a trial court order on his motion for the return of personal property. This Court has jurisdiction. Fla. R.App. P. 9.130(a)(3)(C)(ii); Dismuke v. Office of State Attorney, 948 So. 2d 1039, 1040 (Fla. 5th DCA 2007). Mr. Clinton pled guilty to burglary of an occupied structure and grand theft, and was sentenced to prison followed by probation. While in prison, he filed a pro se motion for the return of property seized pursuant to a s…
  • Burns v. State, 147 So. 3d 95 (Fla. 5th DCA 2014)
    …issues presented on the merits.” Eight Hundred, Inc. v. State, 781 So. 2d 1187, 1190 (Fla. 5th DCA 2001) (reversing non-final order denying the corporations' request for return of their seized property); see also Dismuke v. Office of State Attorney, 948 So. 2d 1039 (Fla. 5th DCA 2007) (treating, as the trial court did, a writ of replevin as a motion for return of property and finding the order as "an appealable interlocutory order because it determined the right to immediate possession of property"). . E.g.,…

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