ROBERT J. SMITH, APPELLANT,
v.
CITY OF MIAMI BEACH, APPELLEE

Fla. 3d DCA | 1983-11-08
No. 83-969
Before HENDRY, BASKIN and FERGUSON, JJ.
440 So. 2d 611 Florida District Court of Appeal, Third District (1983) Positive Treatment
Cited by 6 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The interest of a lienholder, whose lien had not been perfected, was subject to forfeiture when the liened property, an automobile, was seized by the city while being used in criminal activity. § 932.703, Fla.Stat. (1981).1 Under Florida law, a lien on a motor vehicle titled in this state is perfected only when such lien is noted upon the face of the certificate of title or on a duplicate or corrected copy thereof. § 319.-27(1), Fla.Stat. (1981); Barnett Bank of Clearwater, N.A. v. Rompon, 377 So. 2d 981, 983 (Fla. 2d DCA 1979).

Affirmed.

. Section 932.703(3), Florida Statutes (1981) provides in part:

No bona fide lienholder’s interest shall be forfeited under the provisions of ss. 932.701-932.704 if such lienholder establishes that he neither knew nor should have known after a reasonable inquiry that such property was being used or was likely to be used for illegal activity, that such use was without his consent, express or implied, and that the lien had been perfected in the manner prescribed by law prior to such seizure, [e.s.]

Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Lawson L. Lamar v. Wheels Unlimited, Inc., 513 So. 2d 135 (Fla. 1987)
    …being forfeited under sections 932.-701-932.704 must have recorded their liens with the Department of Highway Safety and Motor Vehicles. In re Forfeiture of One 1979 Chevrolet CIO Van, 490 So. 2d 240 (Fla. 2d DCA 1986); Smith v. City of Miami Beach, 440 So. 2d 611 (Fla. 3d DCA 1983). Admittedly, the language of section 932.703(3), Florida Statutes (1985), is more specific as related to liens in that it re [*138] quires the lien be perfected in the manner prescribed by law. However, given the legal method of o…
  • In re Forfeiture OF ONE 1973 Mercedes 2 Door Convertible, 463 So. 2d 1181 (Fla. 4th DCA 1985)
    …hief Judge, specially concurring: Since the appellant failed to perfect its lien on the vehicle in question, I agree with the majority that the trial court did not err in denying appellant’s objection to forfeiture. Smith v. City of Miami Beach, 440 So. 2d 611 (Fla. 3d DCA 1983); § 932.703(3), Fla.Stat. (1983).…
  • …on the face of the certificate of title or on a duplicate or corrected copy thereof. A lienholder’s interest whose lien has not been perfected according to the requirements of section 319.27(1) is subject to forfeiture. Smith v. City of Miami Beach, 440 So. 2d 611 (Fla. 3d DCA 1983) Since the brother’s purported lien was not noted upon the van’s title, his interest is not subject to protection in the forfeiture proceedings. Reversed. LEHAN and SANDERLIN, JJ., concur. . A Buick automobile was also involved…

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