Gonzalez v. State

We affirm the trial court’s denial of Gonzalez’s motion, filed in a criminal proceeding but pursuant to Florida Rule of Civil Procedure 1.540, seeking to vacate a July 2013 order which returned certain personal property to its rightful owner. Gonzalez filed his motion in January 2014, asserting that he was unaware of this July 2013 order,1 and further asserting that he is the rightful owner of the property.

The State argues that Gonzalez was not permitted to invoke rule 1.540 in the criminal proceeding below. However, we need not reach that issue (or the additional merits arguments made by the…