IN RE FORFEITURE OF ONE 1988 BMW 7351, UNREGISTERED, VIN WBAGB4319J3202661 AND ONE CELLULAR TELEPHONE
IN RE FORFEITURE OF ONE 1988 BMW 7351, UNREGISTERED, VIN WBAGB4319J3202661 AND ONE CELLULAR TELEPHONE
561 So. 2d 1235
Florida District Court of Appeal, Fourth District (1990)
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Opinion of the Court
PER CURIAM.
The trial court granted a summary judgment and thereby forfeited one 1988 BMW 7351, Unregistered, VIN WBAGB4319J3202661 and One Cellular Telephone to the State of Florida. The alleged owner, Nelson Gardiner, appeals. We reverse and remand for a full evidentiary hearing.
From our review of the record it is our opinion that summary final judgment was inappropriate here. There were genuine issues of fact which precluded the entry of summary judgment as a matter of law. They are:
1. Did Gardiner have standing to contest the forfeiture?
And if he did:
2. Were the vehicle and telephone employed as an instrumentality in the commission of any felony so as to warrant forfeiture?
REVERSED and REMANDED for further proceedings.
WALDEN, GUNTHER and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Clark v. Forfeiture OF $21, 912 So. 2d 1257 (Fla. 4th DCA 2005)…sues of material fact and the movant is entitled to judgment as a matter of law. Albelo v. Southern Bell, 682 So. 2d 1126 (Fla. 4th DCA 1996). See In re Forfeiture of One 1988 BMW 7351, Unregistered, VIN WBAGB4319J3202661 and One Cellular Telephone, 561 So. 2d 1235 (Fla. 4th DCA 1990). Therefore, the summary judgment and the forfeiture are reversed and we remand for further proceedings. GROSS, J., and SCOLA, JACQUELINE H., Associate Judge, concur.…