Castleman v. State

The appellant appeals an order summarily dismissing his motion to recover seized property. The trial court treated the motion as filed under section 705.105(1), Florida Statutes (2014), and dismissed it as untimely since it was filed outside the 60-day time frame articulated in the statute. Although the motion was clearly untimely, the order on appeal requires reversal because the trial court failed to attach portions of the record to conclusively refute the appellant’s claims. See e.g., Burden v. State, 890 So.2d 566 (Fla. 2d DCA 2005) (holding that when summarily denying a motion for return…