IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
APPELLATE DIVISION

ALFRED JENKINS,

                        Appellant,

vs.                                                                                                        Appeal No. 01-4498-CI-88A

CITY OF ST. PETERSBURG POLICE DEPARTMENT

                        Appellee.

___________________________________________/

Opinion filed ________________________

Appeal from final judgment

Pinellas County Court

The Honorable Robert J. Morris, Jr.

Alfred Jenkins
#955569 F4111L
Century C.I., 400 Tedder Rd.
Century, FL  32535
Appellant, pro se

Deborah Glover-Pearcey, Esquire
Assistant City Attorney
P.O. Box 2842
St. Petersburg, FL  33731
Attorney for Appellee

ORDER AND OPINION

            THIS CAUSE came before the Court on appeal, filed by Alfred Jenkins (Appellant), from the Order Granting Defendant’s Motion to Dismiss with Prejudice (Order), entered on March 29, 2001.  The Order dismissed the Appellant’s Complaint for Conversion, which sought the return of $220.00, by finding that the Appellant’s claim was time-barred by Florida Statutes. 

Upon a de novo review of the record and the Appellant’s Initial Brief (the Appellee did not file an answer), the Court finds that the lower court did not err in dismissing the complaint with prejudice.  See Al-Hakim v. Holder, 787 So.2d 939, 941 (Fla. 2d DCA 2001)(stating that the de novo standard of review is applied when considering an order granting a motion to dismiss). 

            The Complaint for Conversion (Complaint), states that the alleged conversion occurred sometime during November or December 1992, approximately six years before the Complaint was filed, on November 16, 1998.  As the allegations on the face of the Complaint clearly demonstrate that the cause of action was not timely filed, the lower court did not err is dismissing the Complaint with prejudice.  See id.; see also Fla. Stat. §§ 768.28(6)(a),(13); Ryan v. Heinrich, 501 So.2d 185, 187 (Fla. 2nd DCA 1987)(finding that compliance with the filing requirement is a condition precedent to maintaining a suit against the state and its agencies or subdivisions).

             Therefore, it is

            ORDERED AND ADJUDGED that the Order Granting Defendant’s Motion to Dismiss with Prejudice is affirmed.

            DONE AND ORDERED in Chambers, at Clearwater, Pinellas County, Florida this 20th day of September 2001.                                                                                                                                       

                                                           

___________________________________
NANCY MOATE LEY
Circuit Judge, Appellate Division

                                                                       

Copies Furnished To:

The Honorable Robert J. Morris, Jr.

Alfred Jenkins

Deborah Glover-Pearcey, Esquire

Staff Attorney, Appellate Division