Legal Opinion

United States v. One Piece of Real Property Located at 5800 SW 74th Avenue

Court of Appeals for the Eleventh Circuit

Decided March 24, 2004No. 03-11736PublishedCited by 340 opinions

1Opinion of the Court

KRAVITCH, Circuit Judge:

This case involves the forfeiture of property allegedly used to commit or facilitate the commission of a drug crime, in violation of 21 U.S.C. § 881(a)(7). The main issue on appeal is whether the district court properly granted the government’s motion for summary judgment when the defendant did not file a memorandum opposing summary judgment. We conclude, after reviewing the record, that there is a disputed issue of material fact and, therefore, summary judgment was inappropriate.

I. BACKGROUND

In June 2001, the Drug Enforcement Agency and Miami-Dade police officers…

2Cases cited5 opinions

  1. Elkins v. United StatesSupreme Court of the United States · 1960
  2. One 1958 Plymouth Sedan v. PennsylvaniaSupreme Court of the United States · 1965
  3. Alexander Jaroma v. James J. Massey, Etc.Court of Appeals for the First Circuit · 1989
  4. Richard B. Dunlap v. Transamerica Occidental Life Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1988
  5. United States v. PerchittiCourt of Appeals for the Eleventh Circuit · 1992

3Cited by340 opinions

  1. D.H. Blair & Co. v. GottdienerCourt of Appeals for the Second Circuit · 2006
  2. Blair & Co., Inc. v. GottdienerCourt of Appeals for the Second Circuit · 2006
  3. Reese v. HerbertCourt of Appeals for the Eleventh Circuit · 2008
  4. Trustees of the Central Pension Fund of the International Union of Operating Engineers & Participating Employers v. Wolf Crane Service, Inc.Court of Appeals for the Eleventh Circuit · 2004
  5. Lugo v. Carnival Corp.District Court, S.D. Florida · 2015

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