Legal Opinion

Dawson v. State

District Court of Appeal of Florida

Decided January 16, 2013No. 2D12-2525PublishedCited by 4 opinions

1Opinion of the Court

KELLY, Judge.

Yolanda Dawson appeals the order summarily denying her motion for return of property and request for telephonic hearing. We reverse because Ms. Dawson’s motion is facially sufficient and the circuit court summarily denied it without attaching portions of the record that conclusively refute her claim.

In her motion, Ms. Dawson alleged that items of specifically identified computer equipment were her personal property, were not the fruit of criminal activity, and were not being held as evidence. See Jones v. State, 42 So.3d 874, 875 (Fla. 2d DCA 2010) (setting forth allegations…

2Cases cited3 opinions

  1. Almeda v. StateDistrict Court of Appeal of Florida · 2007
  2. Justice v. StateDistrict Court of Appeal of Florida · 2006
  3. Jones v. StateDistrict Court of Appeal of Florida · 2010

3Cited by4 opinions

  1. Ooms v. StateDistrict Court of Appeal of Florida · 2014
  2. Watkins v. StateDistrict Court of Appeal of Florida · 2017
  3. Chapman v. StateDistrict Court of Appeal of Florida · 2016
  4. Nofsinger v. StateDistrict Court of Appeal of Florida · 2015

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