PAUL EDDIE ALLEN, APPELLANT,
v.
COMBINED LAW ENFORCEMENT AGAINST NARCOTICS (C.L.E.A.N.), APPELLEE
PAUL EDDIE ALLEN, APPELLANT,
COMBINED LAW ENFORCEMENT AGAINST NARCOTICS (C.L.E.A.N.), APPELLEE
650 So. 2d 144
Florida District Court of Appeal, Second District (1995)
Positive Treatment
Cited by 2 cases
Opinion of the Court
FRANK, CMef Judge.
Paul Eddie Allen has appealed from a final judgment of forfeiture on the ground that the court erred by deciding the ultimate issue of forfeiture, a matter within the province of the jury. We agree and reverse.
Section 932.704(3), Florida Statutes (1993), provides as follows:
Any trial on the ultimate issue of forfeiture shall be decided by a jury, uMess such right is waived by the claimant through a written waiver on the record before the court conducting the forfeiture proceeding.
See also Department of Law Enforcement v. Real Property, 588 So. 2d 957 (Fla.1991). Because Allen did not waive his right to a jury trial, we reverse the forfeiture order under review and remand for a new trial.
THREADGILL and PARKER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Clark v. Forfeiture OF $21, 912 So. 2d 1257 (Fla. 4th DCA 2005)…t may not, ultimately, be believed. “[A] claimant should not have to prove his or her case to establish standing.” Vasquez v. State, 777 So. 2d 1200, 1202 (Fla. 3d DCA 2001). See also Allen v. Combined Law Enforcement Against Narcotics (C.L.E.A.N.), 650 So. 2d 144 (Fla. 2d DCA 1995) (reversing a final judgment of forfeiture on the ground that the trial court erred by deciding the ultimate issue of forfeiture, a matter within the province of the jury). Further, Clark’s claim is not necessarily incredible. She…
Authorities Cited
- Dep't OF LAW Enf't v. Real Prop., 588 So. 2d 957 (Fla. 1991)