LISHAWN SHARON
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A court cannot order the return of personal property that is not in the possession of the police department.
[1] A trial court lacks authority to order a police department to return personal property that is not in the department's possession; the proper remedy is a civil action aga…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the court cannot make the police department return property it does not possess.”
Court citing Brown v. State in explaining the limitation on judicial authority to order return of property
Appellant Lishawn Sharon filed a motion for return of personal property following an evidentiary hearing in Putnam County Circuit Court.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Evidentiary Hearing cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
LISHAWN SHARON,
Appellant,
v. Case No. 5D19-1298
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed December 27, 2019
Appeal from the Circuit Court for Putnam County, Howard O. McGillin, Jr., Judge.
Lishawn Sharon, Avon Park, pro se.
Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
We affirm the order denying Appellant’s motion for return of personal property following an evidentiary hearing. See Riley v. State, 277 So. 3d 1090 (Fla. 5th DCA 2019) (citing Brown v. State, 613 So. 2d 569, 571 (Fla. 2d DCA 1993) (“[T]he court cannot make the police department return property it does not possess.”)). Appellant’s remedy, if any, would be a civil action against the agency that had possession of the personal property. See id.
2
AFFIRMED.
LAMBERT, HARRIS and SASSO, JJ., concur.