Balkwill v. DeGregorio

District Court of Appeal of Florida

Balkwill v. DeGregorio

857 So. 2d 341, 2003 Fla. App. LEXIS 15643, 2003 WL 22357810

CourtDistrict Court of Appeal of Florida

DecidedOctober 17, 2003

DocketNo. 2D01-1249

StatusPublished

Cited by1 cases

This text of 857 So. 2d 341 (Balkwill v. DeGregorio) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Balkwill v. DeGregorio, 857 So. 2d 341, 2003 Fla. App. LEXIS 15643, 2003 WL 22357810 (Fla. Ct. App. 2003).

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Opinion

ON REMAND FROM THE SUPREME COURT OF FLORIDA

FULMER, Judge.

In DeGregorio v. Balkwill, 853 So.2d 371 (Fla.2003), the supreme court quashed this court’s opinion, In re Forfeiture of One 1988 Lincoln Town Car, 826 So.2d 342 (Fla. 2d DCA 2002), because it disapproved this court’s interpretation of several provisions in the Florida Contraband Forfeiture Act, sections 932.701-.707, Florida Statutes (1999). However, the supreme court expressly did not address the issue of Joseph T. DeGregorio’s standing to challenge the forfeiture of a 1988 Lincoln Town Car. Because DeGregorio did not hold legal title to the 1988 vehicle, for the reasons explained in our prior opinion, 826 So.2d 342, we conclude that he lacked standing to assert a claim to the vehicle and reverse the summary judgment entered in favor of DeGregorio as to that vehicle.

Reversed.

ALTENBERND, C.J., and SILBERMAN, J., concur.

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ON REMAND FROM THE SUPREME COURT OF FLORIDA

FULMER, Judge.

In DeGregorio v. Balkwill, 853 So.2d 371 (Fla.2003), the supreme court quashed this court’s opinion, In re Forfeiture of One 1988 Lincoln Town Car, 826 So.2d 342 (Fla. 2d DCA 2002), because it disapproved this court’s interpretation of several provisions in the Florida Contraband Forfeiture Act, sections 932.701-.707, Florida Statutes (1999). However, the supreme court expressly did not address the issue of Joseph T. DeGregorio’s standing to challenge the forfeiture of a 1988 Lincoln Town Car. Because DeGregorio did not hold legal title to the 1988 vehicle, for the reasons explained in our prior opinion, 826 So.2d 342, we conclude that he lacked standing to assert a claim to the vehicle and reverse the summary judgment entered in favor of DeGregorio as to that vehicle.

Reversed.

ALTENBERND, C.J., and SILBERMAN, J., concur.

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857 So. 2d 341, 2003 Fla. App. LEXIS 15643, 2003 WL 22357810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balkwill-v-degregorio-fladistctapp-2003.

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