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In re Forfeiture of the Following Described Property: 1969 Chevrolet Camaro Bearing '75 Massachusetts License Tag 372-766 Vin 124379N511693

In re Forfeiture of the Following Described Prop.: 1969 Chevrolet Camaro Bearing '75 Mass. License Tag 372-766 Vin 124379N511693, 334 So. 2d 82 (Fla. Dist. Ct. App. 1976)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
June 22, 1976
Docket
No. 75-1737
Judges
Haverfield, Hendry, Pearson
Citations
334 So. 2d 821976 Fla. App. LEXIS 14559
Cited by 7

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM.

The State of Florida appeals from an order directing that Paul Costigliola’s automobile be returned to him.

Pursuant to § 943.43, Fla.Stat., F.S.A. the police seized Paul Costigliola’s automobile when he was arrested for possession of marijuana while in his automobile. Mr. Costigliola pled guilty to the charge and as a first offender was placed on probation. The police refused to return his automobile and the State petitioned for a rule to show cause why the car should not be forfeited pursuant to § 943.44, F.S. After hearing, the trial judge ordered the vehicle returned to Mr. Costigliola. The State appeals. We affirm.

Forfeitures are not favored in law or equity General Motors Acceptance Corporation v. State, 152 Fla. 297 , 11 So.2d 482 (1943). Further, as forfeiture statutes *83 are intended to apply to those individuals who are significantly involved in a criminal enterprise, § 943.43, Fla.Stat., F.S.A., authorizing forfeitures, is discretionary and not mandatory. See In re 1972 Porsche 2 Dr., '74 Fla.Lic.Tag ID 91780, Fla.App.1975, 307 So.2d 451 .

It is apparent from the transcript that through plea negotiations, the State accepted a guilty plea to posession of marijuana, a misdeameanor offense under § 893.13(1) (f), Fla.Stat., F.S.A. Thus, we find no abuse of discretion on the part of the trial judge in ordering return of Mr. Costigliola’s automobile to him.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

View all citing references →
1978: 31981: 11984: 21998: 119782026peak 1978 · 3

Relies on it most ⓘ

  1. Smith v. Hindery454 So. 2d 663 (Fla. Dist. Ct. App. 1984)
  2. Griffis v. State356 So. 2d 297 (Fla. 1978)
  3. Sawyer v. Gable400 So. 2d 992 (Fla. Dist. Ct. App. 1981)
  4. Mosley v. State ex rel. Broward Cty.363 So. 2d 172 (Fla. Dist. Ct. App. 1978)
  5. Flam v. City of Miami Beach449 So. 2d 367 (Fla. Dist. Ct. App. 1984)
  6. Nichols v. State356 So. 2d 933 (Fla. Dist. Ct. App. 1978)

Most recent

  1. Ago(Fla. Att'y Gen. June 26, 1998)
  2. Smith v. Hindery454 So. 2d 663 (Fla. Dist. Ct. App. 1984)
  3. Flam v. City of Miami Beach449 So. 2d 367 (Fla. Dist. Ct. App. 1984)
  4. Sawyer v. Gable400 So. 2d 992 (Fla. Dist. Ct. App. 1981)
  5. Mosley v. State ex rel. Broward Cty.363 So. 2d 172 (Fla. Dist. Ct. App. 1978)
  6. Nichols v. State356 So. 2d 933 (Fla. Dist. Ct. App. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Gen. Motors Acceptance Corp. v. State, 11 So. 2d 482 (Fla. 1943) 16
In re Forfeiture of 1972 Porsche 2 Dr., '74 Fla. License Tag Id 91780 Vin 9111200334, 307 So. 2d 451 (Fla. Dist. Ct. App. 1975) 26

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