Legal Opinion

United States v. One Single Family Residence Located at 18755 North Bay Road

Court of Appeals for the Eleventh Circuit

Decided February 10, 1994No. 92-4833PublishedCited by 12 opinions

1Opinion of the Court

DYER, Senior Circuit Judge:

This is an appeal of an in rem forfeiture under 18 U.S.C. § 1955. Pursuant to the statute, the government sought forfeiture of real property that was used in an alleged gambling operation. The district court granted summary judgment in favor of the government. The owners of the real property, Emilio and Yolanda Delio, assert numerous grounds to challenge the order of forfeiture. We conclude that the grant of summary judgment of forfeiture against Yolanda Delio was based on an improper application of collateral estoppel. We vacate the judgment against her, and remand…

2Cases cited16 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. United States v. HalperSupreme Court of the United States · 1989
  4. Austin v. United StatesSupreme Court of the United States · 1993
  5. United States v. RodgersSupreme Court of the United States · 1983

11 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Johnson v. State, Texas Court of Appeals, 1st District (Houston)1994
  2. United States v. One Single Family Residence Located at 18755 North Bay Road, MiamiCourt of Appeals for the Eleventh Circuit · 1994
  3. United States v. Dean J. SmithCourt of Appeals for the Eighth Circuit · 1996
  4. United States v. Land, Winston CountyCourt of Appeals for the Eleventh Circuit · 1998
  5. United States v. One 1990 Ford Ranger TruckDistrict Court, N.D. Georgia · 1995

7 more not listed; retrieve them via the Exa API.

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