Florida District Courts of Appeal, 2013

Wilson v. State

Wilson v. State
Florida District Courts of Appeal · Decided September 23, 2013 · Lewis, Marstiller, Osterhaus
121 So. 3d 1175; 2013 WL 5309815; 2013 Fla. App. LEXIS 15066 (Southern Reporter, Third Series)

Wilson v. State

Opinion of the Court

PER CURIAM.

Herbert J.T. Wilson, II, appeals an order summarily denying his Motion to Return Property to Defendant. Because the motion was facially sufficient, the trial court was required to either conclusively refute the allegations or hold an evidentia-ry hearing. See Bailey v. State, 93 So.3d 518, 519 (Fla. 1st DCA 2012); Jones v. State, 42 So.3d 874, 875 (Fla. 2d DCA 2010). Accordingly, we reverse the order on appeal and remand for further proceedings.

REVERSED and REMANDED.

LEWIS, C.J., MARSTILLER and OSTERHAUS, JJ, concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.