Legal Opinion
In re Forfeiture of 1976 Kenworth Tractor Trailer Truck, Altered Vin 243340M
Supreme Court of Florida
Decided November 15, 1990No. 74751PublishedCited by 14 opinions
1Per curiam
We have for review In re Forfeiture of 1976 Kenworth Tractor Trailer Truck, 546 So.2d 1083 (Fla. 4th DCA 1989), which certified the following question of great public importance:
May a party in a civil forfeiture proceeding present a claim for incidental damages based upon a violation of a trial court order directing return of the confiscated property?
Id. at 1084. We rephrase the question as follows:
Does a trial court have jurisdiction to order a payment of damages based on the failure of the state over a two-year period to honor that court’s order returning confiscated property to its owner.
We…
2Cases cited8 opinions
- Flatt v. City of BrooksvilleDistrict Court of Appeal of Florida · 1979
- Kirkpatrick v. City of JacksonvilleDistrict Court of Appeal of Florida · 1975
- State ex rel. Manatee County ex rel. Manatee County Sheriff's Department v. KruysmanDistrict Court of Appeal of Florida · 1985
- Wheeler v. StateDistrict Court of Appeal of Florida · 1985
- Sponder v. BrickmanDistrict Court of Appeal of Florida · 1968
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Department of Law Enf. v. Real PropertySupreme Court of Florida · 1991
- Department of Transp. v. WeisenfeldDistrict Court of Appeal of Florida · 1993
- Williams v. American Optical Corp.District Court of Appeal of Florida · 2008
- Pondella Hall for Hire, Inc. v. LámarDistrict Court of Appeal of Florida · 2004
- Chuck v. City of Homestead Police Dept.District Court of Appeal of Florida · 2004
9 more not listed; retrieve them via the Exa API.