STATE OF FLORIDA, DEPARTMENT OF NATURAL RESOURCES, APPELLANT,
v.
JOSE C. AZQUERIZ, APPELLEE
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The State of Florida appealed a trial court's decision vacating a forfeiture judgment and ordering return of the motor vessel "Mayra" to its owner. The state sought to forfeit the vessel under the Contraband Forfeiture Act, alleging it was used to transport marijuana, but the trial court found the state failed to establish a prima facie case for forfeiture.
The trial court properly found that the state failed to establish a prima facie case for forfeiture, and no reversible error was shown in the trial court's decision to vacate the initial forfeiture judgment and order return of the vessel to the owner.
[1] A state fails to establish a prima facie case for forfeiture of a vessel when evidence shows only a misdemeanor amount of contraband was seized and the vessel's involveme…
[2] A trial court may vacate a prior forfeiture judgment and order the return of property on rehearing if it determines that the state failed to establish a prima facie case.
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Join FLexlaw to unlock all legal intelligence“the State of Florida, Department of Natural Resources [had] failed to make a prima facie case”
The trial court's finding that was the basis for vacating the forfeiture judgment and ordering return of the vessel
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Join FLexlaw to unlock all legal intelligenceThe motor vessel "Mayra" was seized by the State of Florida, Department of Natural Resources based on allegations that it was used to possess, transpo…
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PER CURIAM.
This is an appeal from an amended final judgment ordering the State of Florida, Department of Natural Resources to return the motor vessel “Mayra” to the appellee. The state alleged the vessel was used to possess, transport, carry or convey a controlled substance (marijuana), or to bring marijuana into the State of Florida, [§§ 893.13(l)(a)(2); 893.13(l)(d)(2), Fla.Stat. (1983)]. The trial court initially entered judgment for the appellant, forfeiting the motor vessel pursuant to sections 932.701-932.704, Florida Statutes (1983), the Florida Contraband Forfeiture Act. However, upon rehearing, the trial court vacated the initial judgment and entered an amended judgment ordering the return of the vessel to the owner/appellee.
The trial court found in its amended final judgment that: “the Final Judgment previously entered was in error in view of State v. Peters, 401 So. 2d 838 [(Fla. 2d DCA 1981) ], ... additional evidence [was] not required,” citing Scott v. Cummings, 238 So. 2d 449 (Fla. 1st DCA 1970), and Pensacola Chrysler-Plymouth v. Costa, 195 So. 2d 250 (Fla. 1st DCA), cert. denied, 204 So. 2d 211 (Fla.1967), and, having reviewed the transcript of the final hearing, “the State of Florida, Department of Natural Resources [had] failed to make a prima facie case.”1
The state’s points on appeal are (1) whether the testimony and evidence presented to the trial court at the final hearing were sufficient to establish a prima facie case of forfeiture of the vessel “Mayra”; (2) whether, on motion for rehearing, the court erred in finding that the burden of proof did not shift to appellee to come forward and establish that the “Mayra” was not involved in criminal activity; and (3) whether, on motion for rehearing, the court erred in reversing the final order of forfeiture without hearing additional testimony proferred by the state.
The several grounds relied upon by the state for reversal have been carefully con sidered in the light of the record and briefs on appeal and we find that no reversible error has been shown. See Doersam v. Brescher, 468 So. 2d 427 (Fla. 4th DCA 1985); In re Forfeiture of 1974 Ford Pickup Truck, 462 So. 2d 1127 (Fla. 4th DCA 1984); In re Forfeiture of a Cessna 421 Aircraft, 450 So. 2d 1138 (Fla. 4th DCA 1984); Wanicka v. One (1) 1979 Ford Bronco, 432 So. 2d 581 (Fla. 2d DCA 1983); Mason v. Martino, 336 So. 2d 396 (Fla. 3d DCA 1976); Elmore v. Palmer First National Bank and Trust Co. of Sarasota, 221 So. 2d 164 (Fla. 2d DCA 1969).
Therefore, the amended final judgment appealed is affirmed.
Affirmed.
. The physical evidence before the trial court showed that only a small amount of marijuana (consisting of less than 20 grams, or a misdemeanor amount pursuant to section 893.-13(l)(f), Florida Statutes ), was seized from the vessel. Further, the evidence was inconclusive with regard to whether the vessel had been outside of state waters prior to the seizure, and had brought the marijuana into the state. § 893.13(l)(d), Fla.Stat. (1983).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited (12 total)
- Elmore v. Palmer First Nat'l Bank & Tr. Co. of Sarasota, 221 So. 2d 164 (Fla. 2d DCA 1969)
- State v. Peters, 401 So. 2d 838 (Fla. 2d DCA 1981)
- Pensacola Chrysler-Plymouth, Inc. v. Costa, 195 So. 2d 250 (Fla. 1st DCA 1967)
- Doersam v. Brescher, 468 So. 2d 427 (Fla. 4th DCA 1985)
- Mixon v. Mize, 204 So. 2d 211 (Fla. 1967)
- Richardson v. State, 204 So. 2d 211 (Fla. 1967)
- Mason v. Martino, 336 So. 2d 396 (Fla. 3d DCA 1976)
- In re Forfeiture OF 1974 Ford Pickup Truck, 462 So. 2d 1127 (Fla. 4th DCA 1984)
- Wanicka v. ONE (1) 1979 Ford Bronco, 432 So. 2d 581 (Fla. 2d DCA 1983)
- In re Forfeiture OF A Cessna 421 Aircraft, 450 So. 2d 1138 (Fla. 4th DCA 1984)