Legal Opinion · Dissent

Blackwell v. 2002 KIA 4 DOOR STL SEDAN

Court of Appeals of Minnesota

Decided October 14, 2003No. CX-03-395Published

1DissentRandall, Judge

I respectfully dissent. On these facts, this case should be reversed outright and a bona fide security interest declared in appellant’s mother, Onetta Viera. This case, as the majority agrees, is governed by Stanton v. Mazda 2001, 660 N.W.2d 137 (Minn.App.2003). In Stanto n, her granddaughter was arrested for DUI and served with a notice of intent to forfeit her vehicle, a 2001 Mazda. That is the same as our facts, only we are dealing with Viera’s daughter, Sharon Blackwell, rather than a granddaughter. In Stanton, Stanton appeared by an affidavit, stating that the Mazda was collateral for…

2Cases cited3 opinions

  1. Austin v. United StatesSupreme Court of the United States · 1993
  2. State v. SerstockSupreme Court of Minnesota · 1987
  3. Stanton v. Mazda 2001 VIN 4F2YU08121KM57063, Plate No. GLE 228(MN)Court of Appeals of Minnesota · 2003

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