Diamond v. Town of Palm Beach

District Court of Appeal of Florida

Diamond v. Town of Palm Beach

622 So. 2d 193, 1993 Fla. App. LEXIS 8571, 1993 WL 310728

CourtDistrict Court of Appeal of Florida

DecidedAugust 18, 1993

DocketNo. 92-1843

StatusPublished

Cited by1 cases

This text of 622 So. 2d 193 (Diamond v. Town of Palm Beach) 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.

Bluebook

Diamond v. Town of Palm Beach, 622 So. 2d 193, 1993 Fla. App. LEXIS 8571, 1993 WL 310728 (Fla. Ct. App. 1993).

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Opinion

FARMER, Judge.

We reverse this summary judgment because we find genuine and material issues for resolution by the trier of fact. The owner of the property to be forfeited testified in the criminal trial and was convicted by a jury verdict of the underlying crime. The parties to the civil forfeiture action agreed that the court could take judicial notice of the testimony in the criminal case. The civil case was then transferred to the judge who had presided over the criminal trial. He took judicial notice of the criminal testimony and granted the Town of Palm Beach’s motion for summary judgment. We conclude that the court could not have done so without an impermissible weighing of conflicting evidence. Summary judgment was not designed for weighing conflicts.

REVERSED.

GUNTHER, J., and DOWNEY, JAMES C., Senior Judge, concur.

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FARMER, Judge.

We reverse this summary judgment because we find genuine and material issues for resolution by the trier of fact. The owner of the property to be forfeited testified in the criminal trial and was convicted by a jury verdict of the underlying crime. The parties to the civil forfeiture action agreed that the court could take judicial notice of the testimony in the criminal case. The civil case was then transferred to the judge who had presided over the criminal trial. He took judicial notice of the criminal testimony and granted the Town of Palm Beach’s motion for summary judgment. We conclude that the court could not have done so without an impermissible weighing of conflicting evidence. Summary judgment was not designed for weighing conflicts.

REVERSED.

GUNTHER, J., and DOWNEY, JAMES C., Senior Judge, concur.

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Bluebook (online)

622 So. 2d 193, 1993 Fla. App. LEXIS 8571, 1993 WL 310728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diamond-v-town-of-palm-beach-fladistctapp-1993.

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