RENO WOLFGANG v. JEFFREY DAWSY AS SHERIFF OF CITRUS COUNTY (2016)

District Court of Appeal of Florida, Fifth District.

RENO WOLFGANG, Appellant, v. JEFFREY J. DAWSY, AS SHERIFF OF CITRUS COUNTY, Appellee.

Case No. 5D16-1797

Decided: December 02, 2016

Reno Wolfgang, Punta Gorda, pro se. R. Wesley Bradshaw, of Bradshaw & Mountjoy, P.A., Inverness, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Reno Wolfgang appeals the dismissal of his cause of action for replevin seeking return of property seized during the course of a criminal investigation. We affirm. See Pondella Hall For Hire, Inc. v. City of St. Cloud, 837 So. 2d 510, 511–12 (Fla. 5th DCA 2003) (concluding trial court correctly dismissed replevin action because it lacked jurisdiction; cause of action must be brought in court with jurisdiction over the criminal proceedings (citing Eight Hundred Inc. v. State, 781 So. 2d 1187, 1190–91 (Fla. 5th DCA 2001))).¹

AFFIRMED.

FOOTNOTES

1. We note that the dismissal is without prejudice to Wolfgang pursuing his claim in the appropriate court. See Pondella Hall For Hire, Inc., 837 So. 2d at 512.

PER CURIAM.

SAWAYA, COHEN and EDWARDS, JJ., concur.

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