Preston v. City of Fort Pierce

FARMER, Judge.

The unique issue presented in this forfeiture case is whether it is an abuse of discretion to refuse to require that an incarcerated prisoner be brought before the court for the trial in a civil proceeding in which a *328governmental agency seeks to forfeit property in which he claims an interest.1 We hold that under the facts and circumstances of this case the court abused its discretion, reverse the final judgment already entered and remand for a jury trial on the forfeiture complaint.

From the proffers of the parties at trial, we piece together the following relevant facts. In…