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In re Forfeiture One 1988 Lincoln

District Court of Appeal of Florida, Second District
Oct 17, 2003
857 So. 2d 341 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 2D01-1249.

Opinion filed October 17, 2003.

Appeal from the Circuit Court for Sarasota County; Robert W. McDonald, Jr., Judge.

Electra Theodorides-Bustle, General Counsel, Sarasota, and Sarah E. Warren, Sarasota, Counsel for Appellant.

Susan J. Silverman, Sarasota, for Appellee.


ON REMAND FROM THE SUPREME COURT OF FLORIDA


In DeGregorio v. Balkwill, 28 Fla. L. Weekly S643 (Fla. Aug. 21, 2003), the supreme court quashed this court's opinion, In re Forfeiture of One 1988 Lincoln Town Car, 826 So.2d 342 (Fla. 2d DCA 2002), because it disapproved this court's interpretation of several provisions in the Florida Contraband Forfeiture Act, sections 932.701-.707, Florida Statutes (1999). However, the supreme court expressly did not address the issue of Joseph T. DeGregorio's standing to challenge the forfeiture of a 1988 Lincoln Town Car. Because DeGregorio did not hold legal title to the 1988 vehicle, for the reasons explained in our prior opinion, 826 So.2d 342, we conclude that he lacked standing to assert a claim to the vehicle and reverse the summary judgment entered in favor of DeGregorio as to that vehicle.

Reversed.

ALTENBERND, C.J., and SILBERMAN, J., Concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED


Summaries of

In re Forfeiture One 1988 Lincoln

District Court of Appeal of Florida, Second District
Oct 17, 2003
857 So. 2d 341 (Fla. Dist. Ct. App. 2003)
Case details for

In re Forfeiture One 1988 Lincoln

Case Details

Full title:In re forfeiture of: One 1988 Lincoln Town Car, VIN 1LNBM81F8JY612959 and…

Court:District Court of Appeal of Florida, Second District

Date published: Oct 17, 2003

Citations

857 So. 2d 341 (Fla. Dist. Ct. App. 2003)