Legal Opinion
Department of Highway Safety & Motor Vehicles v. Churchill
District Court of Appeal of Florida
Decided July 7, 2006No. 2D05-5346PublishedCited by 4 opinions
1Opinion of the Court
KELLY, Judge.
In this forfeiture proceeding, the Department of Highway Safety and Motor Vehicles appeals from the trial court’s order setting aside its finding of probable cause and ordering the return of John Churchills seized Corvette. We reverse.
The Florida Contraband Forfeiture Act (the Act), sections 932.701-932.707, Florida Statutes (2004), makes it unlawful to use personal property as an instrumentality in the commission of any felony. Personal property may be seized for a violation of the Act. § 932.703(l)(a). Following a seizure, the person whose property has been seized has the right…
2Cases cited5 opinions
- Patry v. CappsSupreme Court of Florida · 1994
- Phoenix Ins. Co. v. McCormickDistrict Court of Appeal of Florida · 1989
- City of Coral Springs v. Forfeiture of a 1997 Ford Ranger Pickup Truck VIN 1FTCR10A4VTA62475 FL Tag 3U16BDEDistrict Court of Appeal of Florida · 2002
- Town of Oakland v. MercerDistrict Court of Appeal of Florida · 2003
- Beary v. BruceDistrict Court of Appeal of Florida · 2002
3Cited by4 opinions
- Megacenter US v. Goodman Doral 88th CourtDistrict Court of Appeal of Florida · 2019
- Floyd v. State ex rel. City of Haines CityDistrict Court of Appeal of Florida · 2010
- In Re 1992 Pontiac FirebirdDistrict Court of Appeal of Florida · 2010
- Lopez v. IN RE FORFEITURE OF $300,450.00 IN US CURRENCYDistrict Court of Appeal of Florida · 2008