DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
RYAN KEHOE,
Appellant,
v.
KELLY KEHOE, ROGER KEHOE, and SANDRA KEHOE,
Appellees.
No. 2D22-3031
December 27, 2023
Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for
Hillsborough County; Rex Martin Barbas, Judge.
Ryan Kehoe, pro se.
Kelly Kehoe, Roger Kehoe, and Sandra Kehoe, pro se.
KELLY, Judge.
Ryan Kehoe appeals from the order denying him a prejudgment
writ of replevin to recover certain possessions from his parents, Roger
and Sandra Kehoe.1 We affirm the order but remand for the trial court to
1 We have jurisdiction pursuant to Florida Rule of Appellate
Procedure 9.130(a)(3)(C)(ii).
rule on Ryan's pending motions and to make a final adjudication of the
claims in Ryan's complaint after an evidentiary hearing.
Ryan moved from Florida to Colorado in 2011 and left his
diplomas, little league baseball trophies, trading cards and miscellaneous
sports memorabilia, and other items of sentiment at his parents' house.
In 2021, Ryan sought to reclaim his possessions from his parents. When
his parents failed to return the items he requested, Ryan filed an action
against them for replevin.2 The trial court held a status conference
remotely on Ryan's numerous filings. Following the hearing, the trial
court rendered an Order on Replevin directing Ryan's parents3 to
inventory and photograph the items in the fifteen boxes in their
possession and return them to Ryan by placing them in a designated
hotel room. Ryan was to collect the boxes and inventory the items by
September 15, 2022. The parties were then required to notify the court
in writing when the transaction was completed. The court dismissed
Ryan's claim for intentional infliction of emotional distress against his
sister, Kelly Kehoe, and denied his "Emergency Motion for a Temporary
Injunction" requesting the court to grant him a prejudgment writ of
replevin. The trial court did not rule on Ryan's other motions.
2 Counts I and II of Ryan's complaint are claims against his parents
for replevin under sections 78.01 and 78.03, Florida Statutes (2021).
Count III is a claim against his sister, Kelly Kehoe, for intentional
infliction of emotional distress. Ryan also moved (1) for an order to show
cause and a hearing, (2) for an order to compel discovery, (3) for a
prejudgment writ of replevin under section 78.068(2), (4) for entry to
inspect his property at his parents' house, and (5) for an emergency
injunction for a prejudgment writ of replevin.
3 In the Order on Replevin the trial court mistakenly referred to the
mother as Kelly and the sister as Sandra.
2
As directed by the Order on Replevin, Ryan's parents placed the
boxes in the hotel room and left the key at the front desk. Ryan went to
the hotel to collect his property but, upon taking inventory, was not
satisfied that all his possessions had been returned. He filed a motion
for sanctions against his parents. The trial court did not rule on the
motion.
In this appeal, Ryan argues that once the trial court determined
that he was entitled to the return of his personal property, he was
entitled to a prejudgment writ of replevin, citing section 78.067(2),
Florida Statutes (2021) ("If the court determines that the plaintiff is
entitled to take possession of the claimed property, it shall issue an order
directing the clerk of the court to issue a writ of replevin."). He contends
that the property his parents have retained is worth nearly ninety
percent of the total value of all the property they originally possessed and
that the trial court's failure to grant the writ and to rule on his motions
has caused him additional damages. He alleges that he can prove the
value of the missing items and that his parents still possess them.
Analysis
Chapter 78, Florida Statutes, governs replevin actions. Ryan filed
his complaint for "ordinary replevin" under section 78.01, which states
that "[a]ny person whose personal property is wrongfully detained by any
other person . . . may have a writ of replevin to recover said personal
property and any damages sustained by reason of the wrongful taking or
detention." An ordinary replevin action "provides an avenue of relief for
obtaining possession of the personal property after a trial on the merits
and the entry of final judgment." McMurrain v. Fason, 584 So. 2d 1027,
1030 (Fla. 1st DCA 1991).
3
Ryan also filed a motion for a prejudgment writ of replevin under
section 78.068(2). The prejudgment writ of replevin is a summary
procedure for the limited purpose of obtaining possession of property
before trial to secure it against the "danger of destruction, concealment,
waste, removal from the state, removal from the jurisdiction of the court,
or transfer to an innocent purchaser during the pendency of the action."
McMurrain,
584 So. 2d at 1030 (quoting § 78.068(2)). Sections 78.065
and 78.067 describe the procedures to obtain a prejudgment writ of
replevin.
It appears from the record provided to this court that Ryan failed to
meet the statutory requirements to obtain immediate relief under
sections 78.065 or 78.067. As such, the trial court correctly denied
Ryan's motion for a prejudgment writ. However, the denial of a
prejudgment writ is not a final adjudication of the merits of the action.
Ryan still has a right to a trial on the merits of his complaint for ordinary
replevin. See Coastal Palms Holdings, LLC v. Paxton,
110 So. 3d 36, 39
(Fla. 2d DCA 2013) (stating that regardless of the outcome of a
preliminary hearing on a prejudgment writ of replevin the trial court
must still adjudicate the party's claims); Brown v. Reynolds,
872 So. 2d
290, 296 (Fla. 2d DCA 2004) (holding that, after the denial of a pretrial
writ of replevin, "the trial court must still make a final adjudication of the
claims of the parties in accordance with the Florida Rules of Civil
Procedure").
Accordingly, we affirm the trial court's order denying the emergency
motion for a prejudgment writ of replevin. However, we remand for
further proceedings to allow the court to rule on any pending motions and
then to proceed to trial on the claims in Ryan's complaint. At trial Ryan
may present evidence to support his allegations that his parents still
4
possess his property or to establish the value of any lost property. The
court must then make a final adjudication of the claims in Ryan's
complaint based on the evidence presented at trial.
Affirmed in part, reversed in part, and remanded for further
proceedings.
LUCAS and LABRIT, JJ., Concur.
Opinion subject to revision prior to official publication.
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