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Ooms v. State

Citations: 138 So. 3d 565; 2014 Fla. App. LEXIS 6471; 2014 WL 1779817Docket: No. 1D13-3539

Court: District Court of Appeal of Florida; May 5, 2014; Florida; State Appellate Court

Narrative Opinion Summary

Robertus F. Ooms appeals a trial court's order that summarily denied his motion for the return of property. The State concedes that the motion was facially sufficient, thus obligating the trial court to either conclusively refute Ooms' claims or conduct an evidentiary hearing. Citing precedents such as *Wilson v. State*, *Dawson v. State*, and *West v. State*, the court emphasizes that summary denial without adequate justification or evidence is improper. The appellate court reverses the trial court's order and remands the case, instructing it to either provide record evidence that conclusively refutes Ooms' claims or to hold an evidentiary hearing. The decision is unanimous among the judges.

Legal Issues Addressed

Facial Sufficiency of Motion for Return of Property

Application: The appellate court determined that Robertus F. Ooms' motion for the return of property was facially sufficient, requiring the trial court to address the motion appropriately.

Reasoning: The State concedes that the motion was facially sufficient, thus obligating the trial court to either conclusively refute Ooms' claims or conduct an evidentiary hearing.

Impropriety of Summary Denial Without Justification

Application: The summary denial of Ooms' motion by the trial court was deemed improper due to the lack of record evidence or an evidentiary hearing.

Reasoning: The court emphasizes that summary denial without adequate justification or evidence is improper.

Obligation to Provide Record Evidence or Conduct Hearing

Application: The appellate court reversed the trial court's order, mandating either the provision of conclusive record evidence against Ooms' claims or the conduction of an evidentiary hearing.

Reasoning: The appellate court reverses the trial court's order and remands the case, instructing it to either provide record evidence that conclusively refutes Ooms' claims or to hold an evidentiary hearing.