Legal Opinion
In re Forfeiture of a 1981 Ford Automobile, VIN ABP32F8BU154691
District Court of Appeal of Florida
Decided June 8, 1983No. 82-761PublishedCited by 10 opinions
1Opinion of the Court
HERSEY, Judge.
In a prior criminal proceeding a motion to suppress evidence was granted as to the contraband the state alleges was involved with the vehicle here sought to be forfeited. Subsequently, in this civil matter the trial court held that the doctrine of collateral estoppel precluded the state from again litigating the issue of whether the evidence was illegally obtained,—that having been put to rest in the criminal case. On that basis the trial court entered a summary judgment and consequent final judgment requiring return of the vehicle to the claimant.
In a recent case we held that…
Also in this document: Concurrence.
2Cases cited4 opinions
- One 1958 Plymouth Sedan v. PennsylvaniaSupreme Court of the United States · 1965
- In re Forfeiture of 1972 Porsche 2 Dr., '74 Florida License Tag Id 91780 Vin 9111200334District Court of Appeal of Florida · 1975
- State v. McCordSupreme Court of Florida · 1981
- Wille v. KarrhDistrict Court of Appeal of Florida · 1982
3Cited by10 opinions
- In Re App. 48,900 Dollars in US CurrencyDistrict Court of Appeal of Florida · 1983
- Ruth v. Department of Legal AffairsSupreme Court of Florida · 1996
- Kelly v. DEPT. OF H & R SERVICESDistrict Court of Appeal of Florida · 1992
- STATE DHSMV v. KillenDistrict Court of Appeal of Florida · 1996
- Florida Department of Law Enforcement v. LazzaraDistrict Court of Appeal of Florida · 1991
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