MICHAEL SWAIN, APPELLANT,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE
PER CURIAM.
The petition for writ of mandamus has been treated as an appeal of final agency action of the Florida Parole and Probation Commission. See Daniels v. Florida Parole and Probation Commission, 401 So. 2d 1351 (Fla. 1st DCA 1981). The action of the Commission declining to review the issues raised by appellant at his § 947.173, Fla. Stat. (1981), review is affirmed in part and reversed in part. We therefore remand this cause for consideration of appellant’s claim pertaining to new information, that the federal district court for the Southern District of Florida invalidated one of appellant’s convictions. See § 947.16(4), Fla.Stat. (1981).
ROBERT P. SMITH, Jr., C. J., and McCORD and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In re Forfeiture of Approximately Forty-Eight Thousand Nine Hundred Dollars ($48, 432 So. 2d 1382 (Fla. 4th DCA 1983)…732 (Fla. 4th DCA 1983); In re Forfeiture of Five Thousand Three Hundred Dollars ($5,300.00), supra; Wille v. Karrh, 423 So. 2d 963 (Fla. 4th DCA 1982); Mark v. State, 416 So. 2d 872 (Fla. 5th DCA 1982); City of Tallahassee v. One Yellow 1979 Fiat, 414 So. 2d 1100 (Fla. 1st DCA 1982). The burden of proof in a forfeiture proceeding is allocated in the following manner: The governmental entity seeking forfeiture bears the initial burden of going forward, but it must only show probable cause that the res subject…
-
Jayre Inc. & Hilliard Herzog v. Wachovia Bank & Tr. Co., N.A., 420 So. 2d 937 (Fla. 3d DCA 1982)…commission of, any felony,” see § 932.701(2)(e), Fla.Stat. (1981), is a conviction of a felony, Marks v. State, 416 So. 2d 872 (Fla. 5th DCA 1982); City of Tallahassee v. In re Forfeiture of One Yellow 1979 Fiat 2-Door Sedan Florida Tag No. FVN-467, 414 So. 2d 1100 (Fla. 1st DCA 1982). . These cases, sub silentio, reject the notion that simply because the civil remedy is found in a criminal statute or criminal code, it is therefore dependent on a criminal conviction.…
-
In re Forfeiture of the following described Prop.: Alcoholic Beverages Seized From Saul's Elks Club ON June 30 v. Cobb, 440 So. 2d 65 (Fla. 1st DCA 1983)…h respect to it. As we have held, forfeiture proceedings are civil in nature, and “[njeither conviction nor acquittal. in the companion criminal case is relevant to the civil forfeiture proceeding.” City of Tallahassee v. One Yellow 1979 Fiat, etc., 414 So. 2d 1100, 1102 (Fla. 1st DCA 1982). State v. Dubose, 152 Fla. 304, 11 So. 2d 477 (1943) concludes that potential issue. The circuit court’s order suggests that the enactment of 562.12, within a chapter entitled “Beverage Law: Enforcement,” displaced to that…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Daniels v. Fla. Parole & Prob. Comm'n, 401 So. 2d 1351 (Fla. 1st DCA 1981)