LEONEL ALFONSO, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Dep't OF LAW Enf't v. Real Prop., 588 So. 2d 957 (Fla. 1991)
  …proof. See In re Approximately Forty-Eight Thousand Nine Hundred Dollars ($58,900.00), 432 So. 2d at 1382; In re Forfeiture of One 1976 Chevrolet Corvette, 442 So. 2d 307 (Fla. 5th DCA 1983), review denied, 451 So. 2d 849 (Fla.1984); Marks v. State, 416 So. 2d 872 (Fla. 5th DCA 1982). We conclude that the state has the burden of proof at trial, which should be by no less than clear and convincing evidence. The state and the decisions on which it relies fail to recognize the significance of the constitutional…
• In re Forfeiture of Approximately Forty-Eight Thousand Nine Hundred Dollars ($48, 432 So. 2d 1382 (Fla. 4th DCA 1983)
  …civil in rem proceeding.5 [*1385] See In re Forfeiture of a 1981 Ford, 432 So. 2d 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…
• Wayne and Vivian Smith v. L.J. "Lu" Hindery, 454 So. 2d 663 (Fla. 1st DCA 1984)
  …exist. Certainly the courts of our state have discretion under the Florida statute to order forfeiture of a contraband vehicle that is truly owned by the guilty party but is titled in another for the purpose of avoiding forfeiture. Marks v. State, 416 So. 2d 872 (Fla. 5th DCA 1982). The courts have the power to pierce through other contrived arrangements designed to improperly prevent forfeiture of vehicles carrying proscribed contraband. By the same token, however, the courts of this state also have discre…

Authorities Cited

• Smith v. State, 305 So. 2d 868 (Fla. 3d DCA 1975)
• State Farm Fire & Cas. Co. v. Fowler Rentals, Inc., 316 So. 2d 284 (Fla. 1975)
• Hand v. State, 316 So. 2d 284 (Fla. 1975)