Florida District Courts of Appeal, 1983

Orr v. Broward County Sheriff's Department

Florida District Courts of Appeal · Decided December 28, 1983 · Anstead, Dell, Downey

442 So. 2d 1114; 1983 Fla. App. LEXIS 25386 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Sheppard v. STATE, DEPT. OF LABOR AND EMPLOYMENT SEC. (Fla. Dist. Ct. App. 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Reversed and remanded for further proceedings on the merits. We believe the existence in the record of an order of the circuit court of March 11, 1982 directing the Sheriffs Department to return appellant’s property precluded the entry of summary judgment in favor of the Sheriff’s Department on the present claim of the appellant for the return of the same property. The appellant should also be given an opportunity for meaningful participation in any further proceedings. Cf. Payne v. Superior Court of Los Angeles County, 17 Cal.3d 908, 132 Cal.Rptr. 405, 553 P.2d 565 (1976).

ANSTEAD, C.J., and DOWNEY and DELL, JJ., concur.

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