Gonzalez v. Forfeiture of One 2005 Hummer H2 Motor Vehicle, Vin: 5GRGN23U15H119743

Eliana Gonzalez appeals an order denying her verified motion to vacate default and a final judgment of forfeiture of her “Hummer” vehicle. Finding (a) significant irregularities in the Miami-Dade County Police Department’s papers submitted during the proceedings and (b) Ms. Gonzalez’s fulfillment of the three requirements for a motion to vacate a default judgment, we reverse.

Seizure, Complaint, and Default Judgment

In January 2009, the Miami-Dade County police seized Ms. Gonzalez’s vehicle at her home. Athough she was the registered owner, the vehicle was simply towed away at the direction of…