Vengoechea v. City of Sweetwater

District Court of Appeal of Florida

Vengoechea v. City of Sweetwater

439 So. 2d 1031, 1983 Fla. App. LEXIS 23589

CourtDistrict Court of Appeal of Florida

DecidedNovember 1, 1983

DocketNo. 83-698

StatusPublished

This text of 439 So. 2d 1031 (Vengoechea v. City of Sweetwater) 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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Vengoechea v. City of Sweetwater, 439 So. 2d 1031, 1983 Fla. App. LEXIS 23589 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

The trial judge in a Summary Judgment forfeited a motor vehicle pursuant to Sections 932.701 — 932.704 Fla.Stat. (1981) to the City of Sweetwater. We reverse. The alleged violations of the criminal laws of this state were directly contradicted by the [1032]*1032deposition testimony of the owner of the vehicle and therefore it would be error of the court to award a summary judgment on these alleged felony violations. Holl v. Talcott, 191 So.2d 40 (Fla.1966); State v. Carroll, 404 So.2d 844 (Fla. 5th DCA 1981); Hammond v. Bicknell, 379 So.2d 680 (Fla. 2d DCA 1980). Therefore the matter is returned to the trial court for further proceedings on the issues as made on the pleadings.

Reversed and remanded with directions.

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PER CURIAM.

The trial judge in a Summary Judgment forfeited a motor vehicle pursuant to Sections 932.701 — 932.704 Fla.Stat. (1981) to the City of Sweetwater. We reverse. The alleged violations of the criminal laws of this state were directly contradicted by the [1032]*1032deposition testimony of the owner of the vehicle and therefore it would be error of the court to award a summary judgment on these alleged felony violations. Holl v. Talcott, 191 So.2d 40 (Fla.1966); State v. Carroll, 404 So.2d 844 (Fla. 5th DCA 1981); Hammond v. Bicknell, 379 So.2d 680 (Fla. 2d DCA 1980). Therefore the matter is returned to the trial court for further proceedings on the issues as made on the pleadings.

Reversed and remanded with directions.

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439 So. 2d 1031, 1983 Fla. App. LEXIS 23589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vengoechea-v-city-of-sweetwater-fladistctapp-1983.

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