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. StateOpinion
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.