Legal Opinion

In re Forfeiture of Blue 1979 2-Door Toyota, Tag DFJ-442, VIN TE31377910

District Court of Appeal of Florida

Decided November 23, 1983No. 83-589PublishedCited by 4 opinions

1Opinion of the Court

HERSEY, Judge.

The City of Pompano Beach, unsuccessful in its attempt to obtain forfeiture of a Toyota automobile allegedly used in a burglary, brings this appeal.

Testimony indicates that items involved in the burglary were found in the Toyota, which is owned by Beverly Fitzsimmons, and that her son had possession of the automobile at the time of the burglary. Forfeiture was thus appropriate under section 932.703, Florida Statutes (1981) unless Fitz-simmons could show that she “neither knew nor should have known after a reasonable inquiry that such property [her Toyota] was being employed or…

2Cases cited2 opinions

  1. United States v. One 1973 Buick Riviera Automobile, Vin 4y87u3h548756, James T. LoganCourt of Appeals for the Eighth Circuit · 1977
  2. Brown v. City of MiamiDistrict Court of Appeal of Florida · 1981

3Cited by4 opinions

  1. Munoz v. City of Coral GablesDistrict Court of Appeal of Florida · 1997
  2. Gross v. City of Wilton ManorsDistrict Court of Appeal of Florida · 1986
  3. Zarka v. LamarDistrict Court of Appeal of Florida · 1988
  4. Barnett v. StateDistrict Court of Appeal of Florida · 1986

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