HERBERT J.T. WILSON, II, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HERBERT J.T. WILSON, II, APPELLANT,
STATE OF FLORIDA, APPELLEE
121 So. 3d 1175
Florida District Court of Appeal, First District (2013)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Herbert J.T. Wilson, II, appeals an order summarily denying his Motion to Return Property to Defendant. Because the motion was facially sufficient, the trial court was required to either conclusively refute the allegations or hold an evidentia-ry hearing. See Bailey v. State, 93 So.3d 518, 519 (Fla. 1st DCA 2012); Jones v. State, 42 So.3d 874, 875 (Fla. 2d DCA 2010). Accordingly, we reverse the order on appeal and remand for further proceedings.
REVERSED and REMANDED.
LEWIS, C.J., MARSTILLER and OSTERHAUS, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Robertus F. Ooms v. State, 138 So. 3d 565 (Fla. 1st DCA 2014)…denying his motion for return of property. The State properly concedes that because the motion was facially sufficient, the trial court was required to either conclusively refute Appellant’s claim or hold an evidentiary hearing. See Wilson v. State, 121 So. 3d 1175, 1175 (Fla. 1st DCA 2013) (reversing and remanding the order summarily denying the appellant’s motion to return property and reasoning that “[b]ecause the motion was facially sufficient, the trial court was required to either conclusively refute the…
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Nofsinger v. State, 172 So. 3d 979 (Fla. 1st DCA 2015)…ersing the summary denial of the appellant’s motion for return of property and remanding to the trial court with directions to either attach portions of the record that conclusively refute her motion or hold an evidentiary hearing); Wilson v. State, 121 So. 3d 1175, 1175 (Fla. 1st DCA 2013) (reversing and remanding the order summarily denying the appellant’s motion to return property and reasoning that “[b]ecause the motion was facially sufficient, the trial court was required to either conclusively refute the…
Authorities Cited
- Bailey v. State, 93 So. 3d 518 (Fla. 1st DCA 2012)
- Jones v. State, 42 So. 3d 874 (Fla. 2d DCA 2010)