Nyenhuis v. State

Full title: MATTHEW NYENHUIS, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Second District

Date published: Nov 3, 2023

373 So. 3d 662 (Fla. Dist. Ct. App. 2023)

Opinion

No. 2D22-3766

11-03-2023

Matthew NYENHUIS, Appellant, v. STATE of Florida, Appellee.

Matthew Nyenhuis, pro se. Ashley Moody, Attorney General, Tallahassee, and Alicia M. Winterkorn, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Appeal from the Circuit Court for Pinellas County; Anthony Rondolino, Judge.

Matthew Nyenhuis, pro se.

Ashley Moody, Attorney General, Tallahassee, and Alicia M. Winterkorn, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed. See § 932.703(4), Fla. Stat. (2022) (stating that once a timely forfeiture action is initiated, "[n]either replevin nor any other action to recover any interest in such property shall be maintained in any court, except as provided in this act"); see also City of Ormond Beach v. Kosmalski, 588 So. 2d 35, 36 (Fla. 5th DCA 1991) (holding that a trial court in a criminal case had no jurisdiction to order the return of a vehicle that had been forfeited in a parallel civil forfeiture proceeding).

KHOUZAM, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.