Smith v. State

BADALAMENTI, Judge.

Delmer Smith, III, appeals the dismissal of his motion to return property. The trial court originally dismissed his motion without prejudice to amend, and therefore the trial court’s dismissal was not renewable on appeal. See Almodovar v. State, 74 So.3d 1140, 1140 (Fla. 2d DCA 2011) (citing Brown v. State, 36 So.3d 186, 187 (Fla. 2d DCA 2010)). We relinquished jurisdiction to the trial court so that it could dismiss Mr. Smith’s motion with prejudice. The trial', court obliged, and we may now review the dismissal of Mr. Smith’s motion for return of property.

Mr. Smith was…