Wolfgang v. Dawsy

• Court: District Court of Appeal of Florida
• Decided: November 28, 2016
• Docket: 5D16-1797
• Status: Published

Opinion

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

RENO WOLFGANG,

Appellant,

v. Case No. 5D16-1797

JEFFREY J. DAWSY, AS SHERIFF OF CITRUS COUNTY,

Appellee.

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Opinion filed December 2, 2016

Appeal from the Circuit Court for Citrus County, Patricia V. Thomas, Judge.

Reno Wolfgang, Punta Gorda, pro se.

R. Wesley Bradshaw, of Bradshaw & Mountjoy, P.A., Inverness, for Appellee.

PER CURIAM.

Reno Wolfgang appeals the dismissal of his cause of action for replevin seeking

return of property seized during the course of a criminal investigation. We affirm. See

Pondella Hall For Hire, Inc. v. City of St. Cloud, 837 So. 2d 510, 511–12 (Fla. 5th DCA

2003) (concluding trial court correctly dismissed replevin action because it lacked

jurisdiction; cause of action must be brought in court with jurisdiction over the criminal proceedings (citing Eight Hundred Inc. v. State, 781 So. 2d 1187, 1190–91 (Fla. 5th DCA

2001))). 1

AFFIRMED.

SAWAYA, COHEN and EDWARDS, JJ., concur.

1We note that the dismissal is without prejudice to Wolfgang pursuing his claim in the appropriate court. See Pondella Hall For Hire, Inc., 837 So. 2d at 512.