Matthew Nyenhuis v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledNovember 3, 2023
Docket2D2022-3766
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
MATTHEW NYENHUIS,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D22-3766
November 3, 2023
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 ยง 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.
Opinion subject to revision prior to official publication.