Legal Opinion

Marban v. Metro-Dade Police Department

District Court of Appeal of Florida

Decided September 6, 1983No. 82-2237Published

1Opinion of the Court

DANIEL S. PEARSON, Judge.

Concluding that we are without jurisdiction, we dismiss Marban’s appeal.

On July 8, 1982, the trial court entered a final order forfeiting the subject vehicle upon a finding that the vehicle had been used in a drug trafficking operation with the knowledge and consent of its owner, Marban. Marban timely moved for rehearing, but while that motion was pending in the trial court, filed a notice of appeal. Upon the filing of this notice of appeal on July 30, 1982, Marban’s rehearing motion was effectively abandoned, and the trial court lost jurisdiction of the case. Allen…

2Cases cited6 opinions

  1. Allen v. Town of LargoSupreme Court of Florida · 1949
  2. Kasper Instruments, Inc. v. MauriceDistrict Court of Appeal of Florida · 1981
  3. Frank v. Pioneer Metals, Inc.District Court of Appeal of Florida · 1959
  4. Scott-Whitaker Co. v. Joyce Properties, Inc.District Court of Appeal of Florida · 1963
  5. Winn-Dixie Stores, Inc. v. CodomoDistrict Court of Appeal of Florida · 1979

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