IN RE FORFEITURE OF 1983 WELLCRAFT SCARAB

No. 84-1118.

487 So.2d 306 (1986)

In re FORFEITURE OF 1983 WELLCRAFT SCARAB.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 12, 1986.


Attorney(s) appearing for the Case

John H. Lipinski, Miami, for appellant, Eric Brockschmidt.

G. Russell Petersen of G. Russell Petersen, P.A., Vero Beach, for appellee, R.T. "Tim" Dobeck, Sheriff of Indian River County, Florida.


HURLEY, DANIEL T.K., Associate Judge.

This appeal emanates from a civil forfeiture proceeding under section 932.704, Florida Statutes (1985). It presents two questions: (1) whether the claimant, who possessed a power of attorney from the owner of the vessel, had standing to contest the forfeiture, and (2) whether the trial court erred by granting forfeiture. We hold that the claimant had standing and that the proof was inadequate to justify a forfeiture. Consequently...

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