Legal Opinion
Florida Department of Law Enforcement v. Lazzara
District Court of Appeal of Florida
Decided May 24, 1991No. 90-02114PublishedCited by 3 opinions
1Opinion of the Court
ALTENBERND, Judge.
The Florida Department of Law Enforcement (FDLE) appeals an order denying its petition for a rule to show cause in a proceeding to forfeit money obtained from a safe at a bar operated by John and Joseph Lazzara. We reverse. The petition adequately alleges a cause of action to forfeit the money. The affidavit attached to the FDLE’s petition provides “due proof” that the money was being used in violation of the Florida Contraband Forfeiture Act. § 932.704(1), Fla.Stat. (1989). As a result, a rule to show cause should have been issued, shifting the burden of proof to the…
Also in this document: Concurrence.
2Cases cited17 opinions
- United States v. Three Hundred Sixty Four Thousand Nine Hundred Sixty Dollars ($364,960.00) in United States CurrencyCourt of Appeals for the Fifth Circuit · 1981
- United States v. One 1979 Porsche Coupe, Vin 9289200514, Clarence Lee McDowell Claimant-AppellantCourt of Appeals for the Eleventh Circuit · 1983
- In Re App. 48,900 Dollars in US CurrencyDistrict Court of Appeal of Florida · 1983
- Lobo v. Metro-Dade Police Dept.District Court of Appeal of Florida · 1987
- United States v. $41,305.00 in Currency and Traveler's Checks Seized From the House of Pamela and Jack Hoback, United States of America v. $41,305.00 in Currency and Traveler's Checks Seized From the House of Pamela and Jack Hoback, Cessna Finance Corporation, Intervenor-AppellantCourt of Appeals for the Eleventh Circuit · 1986
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3Cited by3 opinions
- Prince George's County v. VieiraCourt of Appeals of Maryland · 1995
- Ruth v. Department of Legal AffairsSupreme Court of Florida · 1996
- Fernandez v. McLaneDistrict Court of Appeal of Florida · 1992