In re Forfeiture of one 1988 BMW 7351

District Court of Appeal of Florida

In re Forfeiture of one 1988 BMW 7351

561 So. 2d 1235, 1990 Fla. App. LEXIS 3459, 1990 WL 64137

CourtDistrict Court of Appeal of Florida

DecidedMay 16, 1990

DocketNo. 89-0011

StatusPublished

Cited by1 cases

This text of 561 So. 2d 1235 (In re Forfeiture of one 1988 BMW 7351) 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

In re Forfeiture of one 1988 BMW 7351, 561 So. 2d 1235, 1990 Fla. App. LEXIS 3459, 1990 WL 64137 (Fla. Ct. App. 1990).

Pincite

Opinion

PER CURIAM.

The trial court granted a summary judgment and thereby forfeited one 1988 BMW 7351, Unregistered, VIN WBAGB4319J3202661 and One Cellular Telephone to the State of Florida. The alleged owner, Nelson Gardiner, appeals. We reverse and remand for a full evidentia-ry hearing.

From our review of the record it is our opinion that summary final judgment was inappropriate here. There were genuine issues of fact which precluded the entry of summary judgment as a matter of law. They are:

1. Did Gardiner have standing to contest the forfeiture?

And if he did:

2. Were the vehicle and telephone employed as an instrumentality in the commission of any felony so as to warrant forfeiture?

REVERSED and REMANDED for further proceedings.

WALDEN, GUNTHER and GARRETT, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI