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Salazar v. in re $182,289.00

District Court of Appeal of Florida, Third District
Feb 3, 1999
728 So. 2d 276 (Fla. Dist. Ct. App. 1999)

Summary

In Salazar v. Forfeiture of $182,289, 728 So.2d 276 (Fla. 3d DCA), rev. denied, 740 So.2d 528 (Fla. 1999), the claimant signed a sworn statement relinquishing all rights, title, and interest in the property.

Summary of this case from Vasquez v. State

Opinion

No. 98-1782

Opinion filed February 3, 1999 JANUARY TERM, 1999

An Appeal from a non-final order of the Circuit Court for Dade County, Eleanor Schockett, Judge. L.T. No. 98-12002.

Clayton R. Kaeiser, for appellant.

Katherine Fernandez Rundle, State Attorney, and Israel Reyes, Assistant State Attorney; Robert S. Glazier, for appellee.

Before JORGENSON, LEVY, and FLETCHER, JJ.


Felipe Salazar appeals a nonfinal order finding that he lacks standing to challenge an adversarial preliminary hearing in a civil forfeiture action. For the following reasons, we affirm.

After the police seized the property, Salazar signed a sworn statement relinquishing all rights, title, and interest in the property. However, in an effort to establish standing at the preliminary hearing, Salazar merely stated, "Yes, it was my [property]." This conclusory statement did nothing to overcome the legal effect of Salazar's relinquishment of rights and was insufficient to establish standing. See § 932.701(2)(e), Fla. Stat. (1997); Jaramillo v. City of Coral Gables, 719 So.2d 376 (Fla. 3d DCA 1998); Munoz v. City of Coral Gables, 695 So.2d 1283 (Fla. 3d DCA 1997).

Affirmed.


Summaries of

Salazar v. in re $182,289.00

District Court of Appeal of Florida, Third District
Feb 3, 1999
728 So. 2d 276 (Fla. Dist. Ct. App. 1999)

In Salazar v. Forfeiture of $182,289, 728 So.2d 276 (Fla. 3d DCA), rev. denied, 740 So.2d 528 (Fla. 1999), the claimant signed a sworn statement relinquishing all rights, title, and interest in the property.

Summary of this case from Vasquez v. State

In Salazar v. Forfeiture of $182,289, 728 So.2d 276 (Fla. 3d DCA), rev. denied, 740 So.2d 528 (Fla. 1999), the claimant signed a sworn statement relinquishing all rights, title, and interest in the property.

Summary of this case from Vasquez v. State
Case details for

Salazar v. in re $182,289.00

Case Details

Full title:FELIPE SALAZAR, Appellant, v. IN RE: FORFEITURE OF $182,289.00 IN U.S…

Court:District Court of Appeal of Florida, Third District

Date published: Feb 3, 1999

Citations

728 So. 2d 276 (Fla. Dist. Ct. App. 1999)

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See Piqueras v. State, 770 So.2d at 230 (Fla. 3d DCA 2000); Arango v. In re Forfeiture of $477,890.00 in U.S.…

Vasquez v. State

Munoz v. City of Coral Gables, 695 So.2d 1283, 1288 (Fla. 3d DCA 1997) (emphasis added). In Salazar v.…