Williams v. Henderson

DAVIS, Judge.

Bobby E. Williams challenges the final order declaring his 1998 Ford pickup truck forfeited as contraband under section 932.701, Florida Statutes (1997). We reverse the forfeiture because it was based on a summary judgment that the trial court had entered in reliance on unopposed, but insufficient, affidavits pursuant to Florida Rule of Civil Procedure 1.510(e).

In its complaint for forfeiture, the Sheriffs Office alleged that, while sitting inside *451his truck, Williams exposed himself to two young girls, in violation of section 800.04, Florida Statutes (1997), which proscribes lewd…