GAILYN W. WHEELER, APPELLANT,
v.
FINLAY CORBIN, AS MAYOR OF BLOUNTSTOWN, A SUBDIVISION OF THE STATE OF FLORIDA, AND R.W. DEASON, AS POLICE CHIEF OF THE BLOUNTSTOWN POLICE DEPARTMENT, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Wheeler appeals a trial court's dismissal of her claim for damages for loss of use of her vehicle during forfeiture proceedings. The court affirmed the dismissal on sovereign immunity grounds, holding that a governmental agency is immune from liability for loss of use resulting from good faith forfeiture proceedings, even when the forfeiture is later reversed on appeal.
A governmental agency is immune from suit for damages for loss of use of a vehicle during forfeiture proceedings instituted in good faith, even if the forfeiture is subsequently reversed on appeal. However, the owner may recover for loss of use during the repair period resulting from negligent storage.
[1] A governmental agency is not liable to an owner for loss of use of a vehicle during forfeiture proceedings when the forfeiture is later held to be unlawful upon appellate…
[2] A claim for damages for loss of use of a vehicle during the period of its repair due to negligent damage is distinct from a claim for loss of use during forfeiture procee…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[QUOTE REDACTED — failed verbatim audit (paraphrase, not verbatim). See original_text for the text as originally displayed.]”
The court's statement of the basis for dismissing the loss of use claim during forfeiture proceedings
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWheeler allowed friends to use her car one evening. Blountstown police seized the vehicle after discovering cannabis in the trunk and instituted forfe…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Loss Of Use Damages cases and more on FLexlaw
ZEHMER, Judge.
Gailyn Wheeler appeals the trial court’s dismissal of her claim for damages resulting from the loss of use of her vehicle during forfeiture proceedings. Wheeler allowed friends to use her car one evening and the Blountstown police seized it after finding cannabis in the trunk. Appellees, acting on behalf of the City of Blounts-town, instituted forfeiture proceedings pursuant to the Florida Contraband Forfeiture Act, sections 932.701-932.704, Florida Statutes (1985), and the trial court entered a judgment of forfeiture.
On appeal that judgment was reversed on the ground that Wheeler neither knew nor should have known that her vehicle was being used to transport drugs. Wheeler v. State, 472 So. 2d 847 (Fla. 1st DCA 1985). After mandate issued, the vehicle was returned to Wheeler. Wheeler subsequently filed a civil suit for damages against appellees, alleging they had negligently stored the car and that the negligent storage resulted in substantial damage to it. She also alleged loss of use of her car during the period it had been seized and remained in appellees’ possession and during the period required for repair. Appellees filed a motion to dismiss the complaint.
The trial court denied the motion in respect to the negligent damage claim, and the propriety of this ruling is not questioned on this appeal. The court dismissed Wheeler’s claim for loss of use during the forfeiture proceedings on the ground that appellees are immune from suit on such a claim. Wheeler now appeals that ruling.
We construe the appealed order as permitting Wheeler to recover damages for loss of use during the period of time the car was being repaired due to the negligent damage, but denying the claim for damages for the loss of use during the. forfeiture proceedings and ensuing appeal. As so construed we affirm on the authority of Morton v. Gardner, 513 So. 2d 725 (Fla. 3d DCA 1987).
Wheeler’s reliance on City of Miami Beach v. Bules, 479 So. 2d 205 (Fla. 3d DCA 1985), is misplaced, for that decision cannot reasonably be interpreted to recognizé or create an action for loss of use resulting from a forfeiture action instituted in good faith. The instant complaint contains no allegations of bad faith on the part of appellees, and this is not a case in which the trial court initially ruled that the city had no basis for instituting the forfeiture proceeding.
In view of the increasing number of forfeiture cases statewide and the obvious importance of resolving with finality the extent of a governmental agency’s liability for wrongful forfeiture, we certify to the supreme court, pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), the following question of great public importance:
Is a governmental agency liable to an owner for loss of use of his vehicle during forfeiture proceedings when the forfeiture is held to be unlawful upon appellate review?
AFFIRMED.
BOOTH and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gailyn W. Wheeler v. Finlay Corbin, 546 So. 2d 723 (Fla. 1989)…BARKETT, Justice. We have for review Wheeler v. Corbin, 528 So. 2d 954, 955 (Fla. 1st DCA 1988), in which the district court certified the following question to be of great public importance:1 Is a governmental agency liable to an owner for loss of use of his vehicle during forfeiture proceedings when the forfeiture i…
-
In re Forfeiture OF 1976 Kenworth Tractor Trailer Truck Altered VIN 243340M, 546 So. 2d 1083 (Fla. 4th DCA 1989)…uld be awarded. We agree with appellee and the trial court that the appellant had no claim for the period from the initial seizure to the time of the trial court’s entry of an order in July of 1986 directing return of the truck. Wheeler v. Corbin, 528 So. 2d 954 (Fla. 1st DCA 1988). However, we agree with appellant that she is entitled to include a claim for damages in the supplemental proceedings in these civil forfeiture proceedings incidental to her claim for return of her property and enforcement of the…
Authorities Cited
- Gailyn W. Wheeler v. State, 472 So. 2d 847 (Fla. 1st DCA 1985)
- City OF Miami Beach v. Bules, 479 So. 2d 205 (Fla. 3d DCA 1985)
- Deloris Williamson v. Halifax Hosp. Med. Ctr., 513 So. 2d 725 (Fla. 1st DCA 1987)
- Morton v. Gardner, 513 So. 2d 725 (Fla. 3d DCA 1987)