Legal Opinion
In re Forfeiture of 1983 Wellcraft Scarab
District Court of Appeal of Florida
Decided February 19, 1986No. 84-1118PublishedCited by 13 opinions
1Opinion of the Court
HURLEY, DANIEL T.K., Associate Judge.
This appeal emanates from a civil forfeiture proceeding under section 932.704, Florida Statutes (1985). It presents two questions: (1) whether the claimant, who possessed a power of attorney from the owner of the vessel, had standing to contest the forfeiture, and (2) whether the trial court erred by granting forfeiture. We hold that the claimant had standing and that the proof was inadequate to justify a forfeiture. Consequently, we reverse.
The Sheriff of Indian River County initiated a civil forfeiture proceeding, pursuant to section 932.704, Florida…
2Cases cited14 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. Four Million, Two Hundred Fifty-Five Thousand, Etc., United States of America v. Three Million, Six Hundred Eighty-Six Thousand, Etc.Court of Appeals for the Eleventh Circuit · 1985
- United States v. One 56-Foot Motor Yacht Named the Tahuna, and New Approach, Inc., Claimant-AppellantCourt of Appeals for the Ninth Circuit · 1983
- Benefield v. StateSupreme Court of Florida · 1964
- United States v. One 1978 Chevrolet Impala Vin 1l69u8s156817Court of Appeals for the Fifth Circuit · 1980
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. SpoonerSupreme Court of Louisiana · 1988
- Munoz v. City of Coral GablesDistrict Court of Appeal of Florida · 1997
- In Re Forfeiture of $171,900District Court of Appeal of Florida · 1998
- Chuck v. City of Homestead Police Dept.District Court of Appeal of Florida · 2004
- City of Coral Springs v. Forfeiture of a 1997 Ford Ranger Pickup Truck VIN 1FTCR10A4VTA62475 FL Tag 3U16BDEDistrict Court of Appeal of Florida · 2002
8 more not listed; retrieve them via the Exa API.