GONZALEZ v. FORFEITURE OF ONE 2005 HUMMER

No. 3D09-3522.

42 So.3d 843 (2010)

Eliana GONZALEZ, Appellant, v. FORFEITURE OF ONE 2005 HUMMER H2 MOTOR VEHICLE, VIN: 5GRGN23U15H119743, etc., Appellee.

District Court of Appeal of Florida, Third District.

August 4, 2010.


Attorney(s) appearing for the Case

Gregory A. Moore , for appellant.

Luis M. Fuste and Robert Knabe , Police Legal Advisors, for appellee.

Before COPE and SALTER, JJ., and SCHWARTZ, Senior Judge.


SALTER, J.

Eliana Gonzalez appeals an order denying her verified motion to vacate default and a final judgment of forfeiture of her "Hummer" vehicle. Finding (a) significant irregularities in the Miami-Dade County Police Department's papers submitted during the proceedings and (b) Ms. Gonzalez's fulfillment of the three requirements for a motion to vacate a default judgment, we reverse.

Seizure, Complaint, and Default Judgment

In January 2009...

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