CARL WALKER, APPELLANT,
v.
NEW SMYRNA BEACH POLICE DEPARTMENT, APPELLEE
CARL WALKER, APPELLANT,
NEW SMYRNA BEACH POLICE DEPARTMENT, APPELLEE
834 So. 2d 277
Florida District Court of Appeal, Fifth District (2002)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Carl Walker appeals the trial court’s order denying his petition for the return of $1,718 seized by the police at the time of his arrest. We affirm. As the appellant, Walker has the burden to demonstrate error. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979). At the hearing on his motion, Walker offered no evidence or argument in support of his claim for the return of the cash allegedly seized from him at the time of his arrest. As such, Walker failed to demonstrate that the money was improperly retained by the New Smyrna Beach Police Department.
AFFIRMED.
HARRIS, GRIFFIN and ORFINGER, J.J., concur.
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Grayling L. Vereen v. Alpha Realty & Assocs., Inc, 846 So. 2d 1161 (Fla. 5th DCA 2003)…uired to file a compulsory counterclaim in order to oppose Vereen’s claim that he was entitled to the return of his $200.00 security deposit. As the appellant, Vereen has the burden to demonstrate error. Walker v. New Smyrna Beach Police Department, 834 So. 2d 277 (Fla. 5th DCA 2002). We agree with Alpha on the second point, that Vereen abandoned his negligence claim when he failed to include it in his amended complaint. See State Farm Fire and Casualty Co. v. Higgins, 788 So. 2d 992, 995 (Fla. 4th DCA) (an…
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)