LUTHER ARTHUR HORN, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LUTHER ARTHUR HORN, III, APPELLANT,
STATE OF FLORIDA, APPELLEE
190 So. 3d 202
Florida District Court of Appeal, First District (2016)
Positive Treatment
Cited by 1 case
Opinion of the Court
Luther Arthur Horn, III, challenges an order dismissing his motion for return of property seized as part of a criminal investigation. The trial court properly, dismissed the motion because Horn's appeal of his judgment and sentence was pending. However, now that his appeal has been resolved, Horn v. State, 171 So.3d 705 (Fla. 1st DCA 2015), we remand the case for the trial court to consider the motion on the merits. See Rightmire v. State, 1 So.3d 1191 (Fla. 1st DCA 2009).
REMANDED.
LEWIS, SWANSON, and WINOKUR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Horn v. State (Fla. 1st DCA 2020)…ial court properly denied the motion for return of property during a pending appeal, once the pending appeal has concluded the matter is remanded back to the trial court to consider the motion for return of property on the merits. See Horn v. State, 190 So. 3d 202, 203 (Fla. 1st DCA 2016); Rightmire v. State, 1 So. 3d 1191 (Fla. 1st DCA 2009). Therefore, we reverse and remand for an evidentiary hearing to provide the defendant an opportunity to prove 1) whether the property is exclusively his own, 2) that th…
Authorities Cited
- Rightmire v. State, 1 So. 3d 1191 (Fla. 1st DCA 2009)
- Ridley Owens, Inc. v. Ridley, 1 So. 3d 1191 (Fla. 1st DCA 2009)