Luther Arthur Horn I I I v. State of Florida
This text of Luther Arthur Horn I I I v. State of Florida (Luther Arthur Horn I I I v. State of Florida) 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.
Opinion
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
LUTHER ARTHUR HORN, III, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D14-3930
STATE OF FLORIDA,
Appellee.
_____________________________/
Opinion filed April 25, 2016.
An appeal from the Circuit Court for Walton County. W. Howard LaPorte, Judge.
Ryan Thomas Truskoski of Ryan Thomas Truskoski, P.A., Orlando, for Appellant.
Pamela Jo Bondi, Attorney General, and Kathryn Lane, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.
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.
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