IN RE FORFEITURE OF THE FOLLOWING DESCRIBED PROPERTY: 1987 FORD VAN VIN 1FDDE14YHHA73352, 1979 GLOBESTAR TRAVEL TRAILER VIN GLT 31786, AND FIVE THOUSAND TWENTY-EIGHT DOLLARS AND NINETY CENTS ($5,028.90) U.S. CURRENCY
IN RE FORFEITURE OF THE FOLLOWING DESCRIBED PROPERTY: 1987 FORD VAN VIN 1FDDE14YHHA73352, 1979 GLOBESTAR TRAVEL TRAILER VIN GLT 31786, AND FIVE THOUSAND TWENTY-EIGHT DOLLARS AND NINETY CENTS ($5,028.90) U.S. CURRENCY
568 So. 2d 546
Florida District Court of Appeal, First District (1990)
Positive Treatment
Cited by 1 case
Opinion of the Court
BARFIELD, Judge.
The record supports the trial court’s order requiring forfeiture of the 1987 Ford Van. However, although the state elicited an admission from the owner that he had smoked marijuana in the 1979 Globestar Travel Trailer, it failed to present any evidence regarding the amount of marijuana possessed by the owner. Having failed to prove that the trailer was involved in the commission of a felony as alleged in the petition, the trial court abused its discretion by ordering its forfeiture. The forfeiture of the 1987 Ford Van is AFFIRMED, the forfeiture of the 1979 Globestar Travel Trailer is REVERSED.
ERVIN and BOOTH, JJ., concur.
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Dixie Cnty. Sheriff's Dep't v. In re Forfeiture OF the following described Prop.: 1987 Ford VAN VIN 1FDDE14YHHA73352 1979 Globestar Travel Trailer VIN GLT 31786 Five Thousand Twenty-Eight Dollars & Ninety Cents, 592 So. 2d 748 (Fla. 1st DCA 1992)…90, the sheriffs department disposed of the 1979 Globestar travel trailer. On October 25, 1990, this court affirmed the forfeiture of the 1987 Ford van, but reversed forfeiture of the 1979 Globestar travel trailer. In Re Forfeiture of 1987 Ford Van, 568 So. 2d 546 (Fla. 1st DCA 1990). Based upon that opinion, a mandate was issued to the trial court. On January 10, 1991, the trial court held a hearing upon Easton’s motion for an order consistent with the mandate. The order which resulted from that hearing stat…