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GONZALEZ V. FORFEITURE HUMMER VEH.
State: Florida
Court: Florida Third District Court
Docket No: 09-3522
Case Date: 08/04/2010
Preview:Third District Court of Appeal
State of Florida, July Term, A.D. 2010
Opinion filed August 4, 2010. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D09-3522 Lower Tribunal No. 09-17262 ________________

Eliana Gonzalez,
Appellant, vs.

Forfeiture of One 2005 Hummer H2 Motor Vehicle, Vin: 5GRGN23U15H119743, etc.,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Barbara Areces, Judge. Gregory A. Moore, for appellant. Luis M. Fuste and Robert Knabe, Police Legal Advisors, for appellee.

Before COPE and SALTER, JJ., and SCHWARTZ, Senior Judge. SALTER, J. Eliana Gonzalez appeals an order denying her verified motion to vacate

default and a final judgment of forfeiture of her "Hummer" vehicle. Finding (a) significant irregularities in the Miami-Dade County Police Department's papers submitted during the proceedings and (b) Ms. Gonzalez's fulfillment of the three requirements for a motion to vacate a default judgment, we reverse. Seizure, Complaint, and Default Judgment In January 2009, the Miami-Dade County police seized Ms. Gonzalez's vehicle at her home. Although she was the registered owner, the vehicle was simply towed away at the direction of the police. Ms. Gonzalez was provided a "Vehicle Storage Receipt" with a police case number, PD090121032375, indicating in two places that the reason was "investigation." The printed receipt form included boxes that could be checked "yes" or "no" next to line that said "FORFEITURE/See back," but neither box was checked. The back of the form consisted of this legend in English:1 NOTICE OF SEIZURE NOTICE is hereby given pursuant to Sec. 932.701 et seq., Florida Statutes, that the property referenced on the front of this receipt was seized for forfeiture by the Miami-Dade Policy [sic] Department on the date and at the place stated. The property is being held by the below-listed agency. You are hereby notified that a forfeiture action is pending, and all potential claimants who have a legal interest in the subject property may request an adversarial preliminary hearing. The hearing must be requested within 15 days of the date you have received this notice. Pursuant to Sec. 932.703(2)(a), this request must Ms. Gonzalez's later affidavit stated that Spanish is her native language and that she does not speak or read English. 2
1

be in writing and sent by certified mail, return receipt requested, within fifteen (15) days of receipt of this notice, or your right to an adversarial preliminary hearing will be waived and the case will proceed to trial. When requesting a hearing, please specify the exact property that you are claiming. Address all requests to: Miami-Dade Police Department Police Legal Bureau
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