Planes v. Heinrich

District Court of Appeal of Florida

Planes v. Heinrich

552 So. 2d 981, 14 Fla. L. Weekly 2717, 1989 Fla. App. LEXIS 6618, 1989 WL 141720

CourtDistrict Court of Appeal of Florida

DecidedNovember 22, 1989

DocketNo. 88-02144

StatusPublished

This text of 552 So. 2d 981 (Planes v. Heinrich) 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

Planes v. Heinrich, 552 So. 2d 981, 14 Fla. L. Weekly 2717, 1989 Fla. App. LEXIS 6618, 1989 WL 141720 (Fla. Ct. App. 1989).

Pincite

Opinion

LEHAN, Acting Chief Judge.

We reverse the summary judgment in favor of the Sheriff of Hillsborough County in this suit for the forfeiture of appellant’s automobile. The suit was based upon the alleged use of the automobile in the commission of the felony possession of cocaine. There was a material issue of fact as to whether appellant had the requisite knowledge that the cocaine was in the automobile. See State v. Griffin, 512 So.2d 1087 (Fla. 2d DCA 1987).

The so-called “cross-appeal” filed by the sheriff was actually an appeal from a ruling in a prior forfeiture case involving appellant and the same automobile and is dismissed as untimely.

Reversed and remanded for proceedings consistent herewith.

THREADGILL and PATTERSON, JJ., concur.

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