HELMY v. SWIGERT

No. 95-1494.

662 So.2d 395 (1995)

Samy HELMY and Nadia Helmy, Petitioners, v. Hon. William T. SWIGERT, Circuit Court Judge, etc., et al., Respondents.

District Court of Appeal of Florida, Fifth District.

November 3, 1995.


Attorney(s) appearing for the Case

Robert A. Rush, Gainesville, for Petitioners.

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Turner, Assistant Attorney General, Daytona Beach, for Respondent Honorable William T. Swigert.

Edwin C. Cluster of Ayres, Cluster, Curry, McCall & Briggs, P.A., Ocala, for Respondent The Humane Society of Marion County.


W. SHARP, Judge.

Samy Helmy and Nadia Helmy petition this court to issue a writ of mandamus directed to the Honorable William T. Swigert, directing him to respond to their motion by ordering the return of their personal property, Popeye, a male Pekingese dog. Popeye was allegedly seized as evidence in a criminal case, which was later nol prossed. The trial judge denied the Helmys any relief in this case because they had not filed a written demand for the return...

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