LAUDERDALE INVESTMENTS, INC., APPELLANT,
v.
CLAUDE TALUDEW MILLER, SHERIFF OF BREVARD COUNTY, APPELLEE

Fla. 5th DCA | 1984-09-20
No. 83-1331
SHARP and COWART, JJ., concur.
456 So. 2d 539 Florida District Court of Appeal, Fifth District (1984) Positive Treatment
Cited by 6 cases

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Holding

Lauderdale Investments lacked standing to contest forfeiture because its claimed ownership interest was acquired after the offense and forfeiture vested title in the state.


Headnotes

[1] Title to seized property vests in the state immediately upon commission of the offense, subject to perfection of title.

[2] A party claiming ownership of seized property must establish their interest prior to the commission of the offense to have standing to contest forfeiture.

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Facts & Procedural History

A plane was seized and subject to forfeiture for drug transport. Lauderdale Investments, Inc. claimed ownership through assignments from an attorney w…

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Opinion of the Court
COBB, Chief Judge.

COBB, Chief Judge.

This is an appeal from a final judgment of forfeiture of a plane, based upon the trial court’s finding that it was used to transport drugs. See § 932.702, Fla.Stat. (1981). The owner of the plane at the time of the offense, David Jern, did not contest the forfeiture action brought by the Sheriff of Brevard County. The action was contested, however, by Lauderdale Investments, Inc., a corporation wholly owned by attorney David Hoines, which claimed that Jern had assigned the plane to Hoines as a legal fee, and that subsequently Hoines assigned it to the corporation.

The trial court granted summary judgment for the sheriff on the basis that Laud-erdale lacked standing to contest the forfeiture, since the company did not own the plane on the date of the offense. Lauder-dale’s standing to challenge the forfeiture proceedings is the sole issue on appeal.

Under the applicable statute, title to the plane immediately vested in the state upon its seizure. § 932.703(1), Fla.Stat. (1981). Nevertheless, the statute says that the title held by the state is subject to perfection of title in accordance with the Act. Section 932.703(2), Florida Statutes (1981), states that:

No property shall be forfeited under the provisions of sections 932.701-932.704 if the owner of such property establishes that he neither knew nor should have known after a reasonable inquiry that such property was being employed or was likely to be employed in criminal activity.

Section 932.703(3) aids in interpreting the word “owner” used in section 932.703(2). Section 932.703(3) concerns lienholders’ interests in forfeited property. It states that only lienholders who acquire their interest prior to the forfeiture may retain their interest in the forfeited property. It can be inferred from this that only owners who acquire their interest pre-forfeiture may retain their interest.

Section 932.703, Florida Statutes, is similar to the United States statute regarding contraband seizure which is found in 49 U.S.C.A. § 782. The United States Supreme Court has ruled on this very question, stating as follows:

[Wjhenever a statute enacts that upon the commission of a certain act specific property used in or connected with that act shall be forfeited, the forfeiture takes effect immediately upon the commission of the act; the right to the property then vests in the United States, although their title is not perfected until judicial condemnation; the forfeiture constitutes a statutory transfer of the right to the United States at the time the .offense is committed; and the condemnation, when obtained, relates back to that time, and avoids all intermediate sales and alienations, even to purchasers in good faith.

United States v. Stowell, 133 U.S. 1, 17-18, 10 S.Ct. 244, 247, 33 L.Ed. 555 (1890).

In In Re Forfeiture of a Cessna 401 Aircraft, 431 So. 2d 674 (Fla. 4th DCA 1983), review denied, 444 So. 2d 416 (Fla.1984), the trial court entered summary judgment forfeiting the aircraft to the use and benefit of the Broward County Sheriff based on uncontroverted affidavits which established that the aircraft had been used to transport marijuana. The trial court held that there was no owner who knew or should have known that the aircraft was likely to be used to transport marijuana, and that the respondent contesting the forfeiture and claiming to be the owner was not the registered owner, and lacked standing. The trial court did allow one of the respondent’s lawyers to become the substitute respondent as that attorney had filed an unsworn motion stating the respondent had assigned his interest in the forfeited property to him in payment for legal services. The district court of appeal reversed, holding that the attorney’s claim of standing was “so vacuous as to preclude [any] consideration.” 431 So. 2d at 675. Because the name on the registration was a fictitious name, the court ruled that the representation of an assignment from this fictitious person to his attorney was “so offensive to the lofty purpose of protecting an identified owner’s interest from an unfair seizure as to warrant the action [taken] here.” 431 So. 2d at 676.

In the instant case, the plane was registered in the name of Gregory Little, and the plane was sold to one David Little. The actual name of the owner is David Jern. Therefore, in the instant case, there is an identified owner, but the registration and the purchase contract were filled out in fictitious names. The transfer to Jern’s attorney and the transfer to Lauderdale Investments were not recorded. The basis of Lauderdale Investments’ claim of ownership is a written assignment of interest not made part of the record below. Lauder-dale Investments’ standing may not be as vacuous as the attorney’s standing in In Re Cessna; however, in light of the United States Supreme Court’s decision in Stowell, Lauderdale Investments lacked standing. The summary judgment entered by the court below is

AFFIRMED.

SHARP and COWART, JJ., concur.


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Citator

Cited By

  • In re Forfeiture OF 1983 Wellcraft Scarab, 487 So. 2d 306 (Fla. 4th DCA 1986)
    …So. 2d 674 (Fla. 4th DCA 1983), review denied, 444 So. 2d 416 (Fla.1984), where we held that appellant lacked standing because he possessed an invalid assignment 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).…
  • Byrom v. Walt Gallagher, 578 So. 2d 715 (Fla. 5th DCA 1990)
    …atutes (1987), provides that title is perfected in the sheriff as of the date of seizure since the final judgment relates back to that date. Lamar v. Wheels Unlimited, Inc., 513 So. 2d 135 (Fla.1987); see also Lauderdale Investments, Inc. v. Miller, 456 So. 2d 539 (Fla. 5th DCA 1984). Byrom’s failure to record his bill of sale prior to November 7, 1988, defeats his right to contest the validity of the forfeiture since section 329.01, Florida Statutes, prescribes that Byrom’s bill of sale was effective from th…
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