ERNESTO POUX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm an order denying Poux’s motion for return of property, notwithstanding the court’s failure to attach portions of the record indicating that the police seized the property pursuant to a lawful investigation or held the property as evidence.
We have considered White v. State, 926 So. 2d 473 (Fla. 2d DCA 2006), Burden v. State, 890 So. 2d 566 (Fla. 2d DCA 2005), and Stevenson v. State, 688 So. 2d 962 (Fla. 5th DCA 1997), but deem them inapposite. In those cases, the issues involved application of section 705.105, Florida Statutes, providing for transfer of seized property to law enforcement agencies.
Here, however, ten years passed between the transfer of the funds following conviction and Poux’s motion. We can discern no reason not to apply section 95.11(3), Florida Statutes, mandating a four year civil statute of limitations for actions to recover personal property.
Therefore, the order is affirmed.
STONE, FARMER and KLEIN, JJ., concur.
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Sanchez v. State, 174 So. 3d 439 (Fla. 4th DCA 2015)…for return [*444] of property, we affirm the trial coui't’s denial of the motion. Affirmed. LEVINE and CONNER, JJ., concur. . The issue of whether the statute of limitations had run does not appear to have been raised in this case. Poux v. State, 985 So. 2d 1191, 1192 (Fla. 4th DCA 2008), acknowledges that section 95.11(3), Florida Statutes, provides a four-year civil statute of limitations for actions to recover personal property.…
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Harris v. State, 30 So. 3d 674 (Fla. 3d DCA 2010)…9) (providing that title to unclaimed evidence or personal property lawfully seized and in the custody of the clerk or law enforcement agency vests permanently in the law enforcement agency 60 days after conclusion of the proceeding); Poux v. State, 985 So. 2d 1191, 1192 (Fla. 4th DCA 2008) (stating that the court could “discern no reason not to apply [to a motion for return of property] section 95.11(3), Florida Statutes, mandating a four year civil statute of limitations for actions to recover personal prope…
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Adams v. State, 273 So. 3d 195 (Fla. 5th DCA 2019)
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- White v. State, 926 So. 2d 473 (Fla. 2d DCA 2006)
- Charley Stevenson v. State, 688 So. 2d 962 (Fla. 5th DCA 1997)
- Burden v. State, 890 So. 2d 566 (Fla. 2d DCA 2005)