Legal Opinion

Zarka v. Lamar

District Court of Appeal of Florida

Decided February 11, 1988No. 87-1025PublishedCited by 3 opinions

1Opinion of the Court

SHARP, Chief Judge.

We hold that the trial court erred in granting summary judgment in this forfeiture proceeding brought under the Florida Contraband Forfeiture Act (sections 932.-701-932.704) because there existed genuine issues of material fact.

The Orange County Sheriff commenced a forfeiture proceeding, alleging that the money seized from the trunk of Robert Irving’s car was a contraband article employed or intended to be employed in violation of Chapter 893 relating to controlled substances, i.e. cocaine. Carol Zarka, Robert Irving’s fiancee, claimed ownership of the money. Zarka…

2Cases cited5 opinions

  1. Williams v. MillerDistrict Court of Appeal of Florida · 1983
  2. Weisz v. Miami Shores VillageDistrict Court of Appeal of Florida · 1984
  3. Wheeler v. StateDistrict Court of Appeal of Florida · 1985
  4. In re Forfeiture of Blue 1979 2-Door Toyota, Tag DFJ-442, VIN TE31377910District Court of Appeal of Florida · 1983
  5. In re Forfeiture of 1979 Ford Truck, Vin F14HNEC1331District Court of Appeal of Florida · 1980

3Cited by3 opinions

  1. Munoz v. City of Coral GablesDistrict Court of Appeal of Florida · 1997
  2. Herrera v. City of North Miami BeachDistrict Court of Appeal of Florida · 2000
  3. Woodson v. City of TallahasseeDistrict Court of Appeal of Florida · 1989

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