From Casetext: Smarter Legal Research

Paredes v. Cochran

District Court of Appeal of Florida, Fourth District
Jan 17, 1996
666 So. 2d 991 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-1105.

January 17, 1996.

Appeal from the Circuit Court, Broward County, George A. Brescher, J.

Lynn G. Waxman, and James L. Eisenberg, West Palm Beach, for appellant.

Ronald R. Torres of Whitelock, Soloff, Rodriguez Williams, P.A., Fort Lauderdale, for appellee.


We reverse an order denying a motion to vacate a default judgment in this forfeiture action, because appellant was not properly served. We agree with the conclusion of the third district, in Hicks v. City of Hialeah, 647 So.2d 984 (Fla. 3d DCA 1994), that service of process of the complaint and rule to show cause in forfeiture actions is governed by the same rules as service of process in other civil actions. Service by certified mail on appellant's parole officer in New York was thus insufficient.

The sheriff argues that appellant does not have standing because he has no interest in the property under section 932.701(2)(h), Florida Statutes (1993), since appellant told the arresting officer he did not own the money and was only transporting it. Although the statement might be admissible on the issue of whether appellant has standing, it would not, as a matter of law, preclude appellant from asserting a claim.

We therefore reverse and remand for the setting aside of the default judgment.

GLICKSTEIN, DELL and KLEIN, JJ., concur.


Summaries of

Paredes v. Cochran

District Court of Appeal of Florida, Fourth District
Jan 17, 1996
666 So. 2d 991 (Fla. Dist. Ct. App. 1996)
Case details for

Paredes v. Cochran

Case Details

Full title:REINALDO PAREDES, APPELLANT, v. RON COCHRAN, AS SHERIFF OF BROWARD COUNTY…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 17, 1996

Citations

666 So. 2d 991 (Fla. Dist. Ct. App. 1996)

Citing Cases

Ocean Bank v. Save Import and Export

See Byrom v. Gallagher, 609 So.2d 24, 26 (Fla. 1992) (forfeiture actions are not favored in law or equity,…

Morris v. City of Orlando, Florida

Plaintiff's service of process by certified mail also failed to comply with Section 48.111(1), Florida…