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Jenne v. Meadows

District Court of Appeal of Florida, Fourth District
May 30, 2001
792 So. 2d 518 (Fla. Dist. Ct. App. 2001)

Opinion

No. 4D00-3062.

May 30, 2001.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Miette Burnstein, Judge; L.T. Case No. 00-11135 (18).

Terrence O. Lynch and Kimberly A. Kisslan, Fort Lauderdale, for appellant.

Richard T. Garfield, Fort Lauderdale, for appellee.


ON MOTION FOR REHEARING


We deny Sheriff Jenne's motion for rehearing, but on consideration of the issues raised in the motion for clarification, we withdraw our previously issued opinion and substitute the following:

We affirm the dismissal of the sheriff's forfeiture petition for failure to hold the adversarial preliminary hearing within ten days of receipt of claimant's request, or as soon as practicable thereafter, as required by section 932.703 (2)(a), Fla.Stat. See generally Cochran v. Harris, 654 So.2d 969 (Fla. 4th DCA 1995).

In the final analysis, we believe that the determination of whether the hearing in this case was scheduled and held "as soon as practicable thereafter" was a question of fact for. the trial judge and must be accorded deference on appeal. See generally Resort of Indian Spring, Inc. v. Indian Spring Country Club, Inc., 747 So.2d 974, 977 (Fla. 4th DCA 2000). The record supports the conclusion of the trial judge who noted that other measures could have been taken to schedule the hearing within the required time when it became apparent that the hearing could not be scheduled using the weekly forfeiture calendar provided by local administrative order.

STONE, KLEIN, and HAZOURI, JJ., concur.


Summaries of

Jenne v. Meadows

District Court of Appeal of Florida, Fourth District
May 30, 2001
792 So. 2d 518 (Fla. Dist. Ct. App. 2001)
Case details for

Jenne v. Meadows

Case Details

Full title:Kenneth C. JENNE, II, Sheriff of Broward County, Florida, Appellant, v…

Court:District Court of Appeal of Florida, Fourth District

Date published: May 30, 2001

Citations

792 So. 2d 518 (Fla. Dist. Ct. App. 2001)