03-0959 KHAWLY V. MIAMI-DADE

State: Florida

Court: Florida Third District Court

Docket No: 03-0959 KHAWLY V. MIAMI-DADE

Case Date: 12/03/2003

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IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2003

HABBY PIERRE KHAWLY, Appellant, vs. MIAMI-DADE POLICE DEPT., Appellee.

** ** ** ** CASE NO. 3D03-959 LOWER TRIBUNAL NO. 03-3429 **

Opinion filed December 3, 2003. An Appeal from the Circuit Court for Dade County, Jeri B. Cohen, Judge. Ronald S. Lowy, for appellant. Roberto E. Fiallo and Robert Knabe, for appellee.

Before COPE, LEVY, and SHEVIN, JJ.

PER CURIAM.

The finding of the trial court that Petitioner, Habby Pierre Khawly, lacked standing, was made without a full, evidentiary

hearing on the issue of standing. See

Office of the State

Attorney v. Jimenez, 845 So. 2d 914 (Fla. 3d DCA 2003)("The inquiry on standing is simply to determine whether the claimant has shown an ownership interest such that he is entitled to be heard in the forfeiture proceeding."); Vasquez v. State, 777 So. 2d 1200, 1202 (Fla. 3d DCA 2001)(A claimant should not have to prove her or his case to establish standing to contest a

forfeiture.). Accordingly, we reverse the matter and remand to the trial court for further proceedings. Reversed and remanded.

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