Public-domain · open source
OpenJurist

552 So. 2d 981

552 So.2d 981

14 Fla.L.Weekly 2717

Planes v. Heinrich

District Court of Appeal of Florida

Decided November 22, 1989

District Court of Appeal of Florida · decided 1989-11-22

Relies on 512 So. 2d 1087 - State v. Griffin

Decided 1989-11-22

LEHAN, Acting Chief Judge.

¶1We reverse the summary judgment in favor of the Sheriff of Hillsborough County in this suit for the forfeiture of appellant’s automobile. The suit was based upon the alleged use of the automobile in the commission of the felony possession of cocaine. There was a material issue of fact as to whether appellant had the requisite knowledge that the cocaine was in the automobile. See State v. Griffin, 512 So.2d 1087 (Fla. 2d DCA 1987).

¶2The so-called “cross-appeal” filed by the sheriff was actually an appeal from a ruling in a prior forfeiture case involving appellant and the same automobile and is dismissed as untimely.

¶3Reversed and remanded for proceedings consistent herewith.

THREADGILL and PATTERSON, JJ., concur.
/552/so2d/981 · .json · Public domain