Florida District Courts of Appeal, 1983

Smith v. City of Miami Beach

Florida District Courts of Appeal · Decided November 8, 1983 · Hendry, Baskin and Ferguson

440 So. 2d 611; 1983 Fla. App. LEXIS 24158 (Southern Reporter, Second Series)

Cases that cite this one

10 later published cases cite this decision.

North v. Desert Hills Bank (In re North) (United States Bankruptcy Court, D. Arizona 2004)
Special Purpose Accounts Receivable Cooperative Corp. v. Prime One Capital Co. (United States District Court for the Southern District of Florida 2000)
Grant v. VNB Loan Services, Inc. (In re Barnes) (United States Bankruptcy Court, M.D. Florida 1999)
Bay Cty. Sheriff's Office v. Tfcu (Fla. Dist. Ct. App. 1999)
Menkel v. Sun Bank & Trust Co. (In re Freedom Rental & Leasing, Inc.) (United States Bankruptcy Court, M.D. Florida 1989)
Lámar v. Wheels Unlimited, Inc. (Fla. 1987)
In re Forfeiture of One 1979 Chevrolet C10 Van (Fla. Dist. Ct. App. 1986)
Heinrich v. Scaglione (Fla. Dist. Ct. App. 1986)
D.V. & A., Inc. v. Town of Golden Beach (Fla. Dist. Ct. App. 1986)
In re Forfeiture of One 1973 Mercedes 2 Door Convertible VIN 10704412011837 Title 6007770 (Fla. Dist. Ct. App. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

440 So.2d 611 (1983)

Robert J. SMITH, Appellant,
v.
CITY OF MIAMI BEACH, Appellee.

No. 83-969.

District Court of Appeal of Florida, Third District.

November 8, 1983.

Richard C. Carter, Miami, for appellant.

Ginsburg, Nagin, Rosin & Ginsburg, and Steven Ginsburg, Coral Gables, for appellee.

Before HENDRY, BASKIN and FERGUSON, JJ.

PER CURIAM.

The interest of a lienholder, whose lien had not been perfected, was subject to forfeiture when the liened property, an automobile, was seized by the city while being used in criminal activity. § 932.703, Fla. Stat. (1981).^[1] Under Florida law, a lien on a motor vehicle titled in this state is perfected only when such lien is noted upon the face of the certificate of title or on a duplicate or corrected copy thereof. § 319.27(1), Fla. Stat. (1981); Barnett Bank *612 of Clearwater, N.A. v. Rompon, 377 So.2d 981, 983 (Fla. 2d DCA 1979).

Affirmed.

NOTES

[1] Section 932.703(3), Florida Statutes (1981) provides in part:

No bona fide lienholder's interest shall be forfeited under the provisions of ss. 932.701-932.704 if such lienholder establishes that he neither knew nor should have known after a reasonable inquiry that such property was being used or was likely to be used for illegal activity, that such use was without his consent, express or implied, and that the lien had been perfected in the manner prescribed by law prior to such seizure. [e.s.]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.