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985 So. 2d 1191

Docket No. 4D07-1048.

Poux v. State

Ernesto POUX, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2008-07-09

Cited by 5 later decisions — most recently May 2019

5 state decisions

Key passage — most relied on by later courts

“The lower court's failure to attach portions of the record supporting its findings [that the property was seized pursuant to a lawful investigation or held as evidence] requires reversal and remand.”

quoted by 1 later decision, including 273 So. 3d 195 - Adams v. State

Relies on 926 So. 2d 473 - White v. State · 688 So. 2d 962 - Stevenson v. State · 890 So. 2d 566 - Burden v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2008-07-09

View the full empirical analysis of this case →

¶1*1192 Carey Haughwout, Public Defender, West Palm Beach, and Joseph R. Chloupek, Assistant Public Defender, Fort Lauderdale, for appellant.

¶2Bill McCollum, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4We affirm an order denying Poux's motion for return of property, notwithstanding the court's failure to attach portions of the record indicating that the police seized the property pursuant to a lawful investigation or held the property as evidence.

¶5We have considered White v. State,926 So.2d 473 (Fla. 2d DCA 2006), Burden v. State,890 So.2d 566 (Fla. 2d DCA 2005), and Stevenson v. State,688 So.2d 962 (Fla. 5th DCA 1997), but deem them inapposite. In those cases, the issues involved application of section 705.105, Florida Statutes, providing for transfer of seized property to law enforcement agencies.

¶6Here, however, ten years passed between the transfer of the funds following conviction and Poux's motion. We can discern no reason not to apply section 95.11(3), Florida Statutes, mandating a four year civil statute of limitations for actions to recover personal property.

¶7Therefore, the order is affirmed.

¶8STONE, FARMER and KLEIN, JJ., concur.

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