EDWIN JACKSON MCGINNIS AND RETHA PAULK MCGINNIS, HUSBAND AND WIFE, AND EDWIN JACKSON MCGINNIS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANTHONY EDWIN MCGINNIS, APPELLANTS,
v.
THE TRAVELERS INDEMNITY COMPANY, A FOREIGN CORPORATION, APPELLEE

Fla. 1st DCA | 1990-10-16
No. 90-1146
WENTWORTH, MINER and WOLF, JJ., concur.
567 So. 2d 1077 Florida District Court of Appeal, First District (1990)

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Synopsis

A dissenting opinion argues that an aircraft should not be forfeited because the amended complaint failed to allege that the parties in interest acted with any intent or guilty knowledge, which is required by statute.


Holding

The dissenting judge would reverse the forfeiture because the statutory provisions require an allegation and proof of guilty knowledge or intent, which was absent from the complaint.


Facts & Procedural History

An amended complaint alleged an aircraft had false French registration numbers and was not registered with the FAA. The owner was identified, but the …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. Valiant Ins. Co. v. Webster, 567 So. 2d 408 (Fla.1990); MacKoul v. Fidelity and Casualty Co., 402 So. 2d 1259 (Fla. 1st DCA 1981), rev. denied, 412 So. 2d 467 (Fla.1982); and Skroh v. Travelers Ins. Co., 227 So. 2d 328 (Fla. 1st DCA 1969).

WENTWORTH, MINER and WOLF, JJ., concur.


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