FELIPE SALAZAR, APPELLANT,
v.
IN RE FORFEITURE OF $182,289.00 IN U.S. CURRENCY, APPELLEE
PER CURIAM.
Felipe Salazar appeals a nonfinal order finding that he lacks standing to challenge an adversarial preliminary hearing in a civil forfeiture action. For the following reasons, we affirm.
After the police seized the property, Salazar signed a sworn statement relinquishing all rights, title, and interest in the property. However, in an effort to establish standing at the preliminary hearing, Salazar merely stated, “Yes, it was my [property].” This conelu-sory statement did nothing to overcome the legal effect of Salazar’s relinquishment of rights and was insufficient to establish standing. See § 932.701(2)(e), Fla. Stat. (1997); Jaramillo v. City of Coral Gables, 719 So. 2d 376 (Fla. 3d DCA 1998); Munoz v. City of Coral Gables, 695 So. 2d 1283 (Fla. 3d DCA 1997).
Affirmed.
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Vasquez v. State, 777 So. 2d 1200 (Fla. 3d DCA 2001)…rn -proof of a possessory and/or ownership interest in the same to acquire standing to contest the forfeiture proceeding.” Munoz v. City of Coral Gables, 695 So. 2d 1283, 1288 (Fla. 3d DCA 1997)(emphasis added). In Salazar v. Forfeiture of $182,289, 728 So. 2d 276 (Fla. 3d DCA), rev. denied, 740 So. 2d 528 (Fla.1999), the claimant signed a sworn statement relinquishing all rights, title, and interest in the property. We held that the claimant could not thereafter merely state that it was his money in order to…
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Arango v. In re Forfeiture OF Four Hundred Seventy-Seven Thousand Eight Hundred Ninety Dollars ($477, 731 So. 2d 847 (Fla. 3d DCA 1999)…PER CURIAM. We find that Carlos Arango has no standing to challenge the probable cause determination with regard to this civil forfeiture action. See Salazar v. In re Forfeiture of $182,289.00, 24 Fla. L. Weekly D328, 728 So. 2d 276 (Fla. 3d DCA 1999). As did the claimant in Salazar, Arango signed a sworn, written waiver of rights to the seized currency, then later claimed the currency was his. Although here the subsequent statement was more detailed than Salazar’s conclusory “…
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Chuck v. City OF Homestead Police Dep't & Vill. of Pinecrest, 888 So. 2d 736 (Fla. 3d DCA 2004)…ory affidavit that “I own the money” will be insufficient. See Piqueras v. State, 770 So. 2d at 230 (Fla. 3d DCA 2000); Arango v. In re Forfeiture of $477,890.00 in U.S. Currency, 731 So. 2d 847 (Fla. 3d DCA 1999), Salazar v. Forfeiture of $182,289, 728 So. 2d 276, 277 (Fla. 3d DCA 1999). However, if the trial court is presented with conflicting evidence and no waiver of rights by the claimant, we noted that the better procedure was to hold an evidentia-ry hearing. Id. at 1202. We thus remanded the case to th…1 / 2
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- Munoz v. The City OF Coral Gables, 695 So. 2d 1283 (Fla. 3d DCA 1997)
- Rodolpho Jaramillo v. City OF Coral Gables, 719 So. 2d 376 (Fla. 3d DCA 1998)