IN RE FORFEITURE OF ONE 40' FIBERGLASS BOAT, WHITE IN COLOR WITH BLACK BOTTOM, FLORIDA REGISTRATION FLO346EM, HULL NO. PER 40014M1C, TOGETHER WITH THREE 200 HORSEPOWER MERCURY BLACK MAX OUTBOARD MOTORS AND ALL GEAR, EQUIPMENT, RADIOS, AND OTHER PERSONAL PROPERTY FOUND THEREON
[*208] PER CURIAM.
Affirmed. This is an appeal from a forfeiture order. The trial court determined after trial that the appellant was not the owner of the property in question, contrary to appellant’s claim. The two issues raised on appeal concern only whether a crime was committed and whether the property was utilized in the commission of the crime. Appellant’s standing to challenge the forfeiture is predicated on its ownership claim to the property. Since no issue has been raised as to the court’s finding on the ownership issue, any determination we make as to the issues actually raised would be moot. Accordingly, we decline to resolve those issues and affirm the trial court’s order. ANSTEAD, C.J., DOWNEY, J., and RODGERS, EDWARD, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Munoz v. The City OF Coral Gables, 695 So. 2d 1283 (Fla. 3d DCA 1997)…gher, 609 So. 2d 24, 26 (Fla.1992) (only persons who have standing can participate in a judicial proceeding); see also In re Forfeiture of One W Fiberglass Boat White in Color with Black Bottom, Florida Registration FL0SJf6EM, Hull No. Per kOOlUMlC, 453 So. 2d 207, 208 (Fla. 4th DCA1984) (court [*1287] declined to entertain issues regarding whether crime was committed and whether the property seized was utilized during commission of crime where no appeal was taken of lower court’s finding that claimant had no…
-
In re Forfeiture OF 1983 Wellcraft Scarab, 487 So. 2d 306 (Fla. 4th DCA 1986)…nt from a fictitious or nonexistent assignor. Cf. Lauderdale Investments, Inc. v. Miller, 456 So. 2d 539 (Fla. 5th DCA 1984) (assignment executed after seizure ineffective to confer standing on assignee); In re Forfeiture of One ffi Fiberglass Boat, 453 So. 2d 207 (Fla. 4th DCA 1984) (claimant shown not to be the owner and, therefore lacked standing). We now turn to the merits of the case. The procedural backdrop was furnished in [*310] In re Forfeiture of Approximately Forty-Eight Thousand, Nine Hundred Dol…
-
Cochran v. Jones, 707 So. 2d 791 (Fla. 4th DCA 1998)…craft Scarab, 487 So. 2d 306, 309 (Fla. 4th DCA), cause dismissed, 494 So. 2d 1150 (Fla.1986). Thus, a claimant’s standing to challenge the forfeiture is predicated on its ownership claim to the property. See In re Forfeiture of 40’ Fiberglass Boat, 453 So. 2d 207 (Fla. 4th DCA 1984)(in the absence of standing, all other issues become moot). Appellant argues that despite appellees’ unintentional purchase of a stolen automobile which because of the VIN alterations was rendered “contraband” pursuant to § 319.3…