Khawly v. Miami-Dade Police Department

District Court of Appeal of Florida

Khawly v. Miami-Dade Police Department

860 So. 2d 1019, 2003 Fla. App. LEXIS 18342, 28 Fla. L. Weekly Fed. D 2779

CourtDistrict Court of Appeal of Florida

DecidedDecember 3, 2003

DocketNo. 3D03-959

StatusPublished

This text of 860 So. 2d 1019 (Khawly v. Miami-Dade Police Department) 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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Khawly v. Miami-Dade Police Department, 860 So. 2d 1019, 2003 Fla. App. LEXIS 18342, 28 Fla. L. Weekly Fed. D 2779 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

The finding of the trial court that Petitioner, Habby Pierre Khawly, lacked standing, was made without a full, eviden-tiary hearing on the issue of standing. See Office of the State Attorney v. Jimenez, 845 So.2d 914 (Fla. 3d DCA 2003)(“The inquiry on standing is simply to determine whether the claimant has shown an ownership interest such that he is entitled to be heard in the forfeiture proceeding.”); Vasquez v. State, 777 So.2d 1200, 1202 (Fla. 3d DCA 2001)(A .claimant should not have to prove her or his case to establish standing to contest a forfeiture.). Accordingly, we reverse the matter and remand to the trial court for further proceedings.

Reversed and remanded.

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PER CURIAM.

The finding of the trial court that Petitioner, Habby Pierre Khawly, lacked standing, was made without a full, eviden-tiary hearing on the issue of standing. See Office of the State Attorney v. Jimenez, 845 So.2d 914 (Fla. 3d DCA 2003)(“The inquiry on standing is simply to determine whether the claimant has shown an ownership interest such that he is entitled to be heard in the forfeiture proceeding.”); Vasquez v. State, 777 So.2d 1200, 1202 (Fla. 3d DCA 2001)(A .claimant should not have to prove her or his case to establish standing to contest a forfeiture.). Accordingly, we reverse the matter and remand to the trial court for further proceedings.

Reversed and remanded.

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860 So. 2d 1019, 2003 Fla. App. LEXIS 18342, 28 Fla. L. Weekly Fed. D 2779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/khawly-v-miami-dade-police-department-fladistctapp-2003.

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