Linville v. State

District Court of Appeal of Florida

Linville v. State

207 So. 3d 379, 2016 Fla. App. LEXIS 19230

CourtDistrict Court of Appeal of Florida

DecidedDecember 30, 2016

DocketCase No. 5D16-1807

StatusPublished

This text of 207 So. 3d 379 (Linville v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Linville v. State, 207 So. 3d 379, 2016 Fla. App. LEXIS 19230 (Fla. Ct. App. 2016).

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Opinion

COHEN, J.

The State properly concedes that Zachary N. Linville’s motion for return of personal property was legally sufficient. We agree and reverse and remand for further proceedings. See Bolden v. State, 875 So.2d 780, 782-83 (Fla. 2d DCA 2004) (noting that if motion for return of personal property is facially sufficient, trial court may order State to respond to motion or hold an evidentiary hearing).

REVERSED and REMANDED.

BERGER and WALLIS, JJ., concur.

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COHEN, J.

The State properly concedes that Zachary N. Linville’s motion for return of personal property was legally sufficient. We agree and reverse and remand for further proceedings. See Bolden v. State, 875 So.2d 780, 782-83 (Fla. 2d DCA 2004) (noting that if motion for return of personal property is facially sufficient, trial court may order State to respond to motion or hold an evidentiary hearing).

REVERSED and REMANDED.

BERGER and WALLIS, JJ., concur.

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Bluebook (online)

207 So. 3d 379, 2016 Fla. App. LEXIS 19230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/linville-v-state-fladistctapp-2016.

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