Harkless v. State

975 So.2d 437 (2007)

Randall R. HARKLESS, Appellant,

v.

STATE of Florida, Appellee.

No. 2D06-3547.

District Court of Appeal of Florida, Second District.

March 23, 2007.

WALLACE, Judge.

Randall R. Harkless appeals the summary denial of his complaint for replevin, which the circuit court treated as a motion for return of property. We reverse the summary denial of the motion and remand for further proceedings consistent with this opinion.

In his motion for return of property, Mr. Harkless sought the return of $360 that the Lake Wales Police Department had confiscated from him at the time of his arrest on…