IN RE FORFEITURE OF ONE 1980 OLDSMOBILE 98, VIN 3X37NAM179969. LAWSON L. LAMAR, SHERIFF OF ORANGE COUNTY, FLORIDA, APPELLANT/CROSS-APPELLEE,
v.
UNIVERSAL SUPPLY COMPANY, INC., APPELLEE/CROSS-APPELLANT
Explore caselaw by topic → Browse Forfeiture Of Automobile cases and more on FLexlaw
[*138] DAUKSCH, Judge.
This is an appeal from an order denying forfeiture of an automobile. Appellee was in the automobile and waved a firearm at another person in a manner alleged by the state to be an aggravated assault. The trial judge found there was insufficient proof of the assault to support the allegation. Maybe so, but that is not the reason we affirm the judgment. We affirm it because the automobile was not the instrumentality of the crime and was thus not subject to forfeiture. Pheil v. Griffin, 452 So. 2d 627 (Fla. 5th DCA 1985); City of Indian Harbour Beach v. Damron, 465 So. 2d 1382 (Fla. 5th DCA 1985). The firearm was the instrumentality of this crime — not the car. This was one of those common roadside disputes where two drivers got mad at each other and pulled over to vent their emotions, or fight or force a backdown. The one with the gun won. Not with his car, though; it was his gun which was the instrumentality of the alleged assault.
AFFIRMED.
COBB, C.J., and FRANK D. UP-CHURCH, Jr., J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fred A.M. Cobb v. Langworthy, 909 So. 2d 416 (Fla. 5th DCA 2005)…ndard was not met, even by preponderance standards. Specifically on point is the fact that the prevailing case law on the facts presented was affirmatively set forth in Respondent’s Pre-Trial Memorandum. [In Re: Forfeiture of One 1980 Oldsmobile 98, 471 So. 2d 137 (Fla. 5th DCA 1985) ] So it was clear on the facts presented that the vehicle could not have been the object of a successful forfeiture action. Nonetheless, in hopes of claiming this fairly unique and valuable vehicle, the Sheriffs Department seized…
-
In re the Forfeiture OF ONE 1979 Mercury Capri, 496 So. 2d 990 (Fla. 4th DCA 1986)…PER CURIAM. AFFIRMED. See Lamar v. Universal Supply Co., 471 So. 2d 137 (Fla. 5th DCA 1985). HERSEY, C.J., and ANSTEAD and GLICKSTEIN, JJ., concur.…
Authorities Cited
- City OF Indian Harbour Beach v. Damron, 465 So. 2d 1382 (Fla. 5th DCA 1985)
- Lawson L. Lamar v. Universal Supply Co., Inc., 452 So. 2d 627 (Fla. 5th DCA 1984)