Florida District Courts of Appeal, 1986

Heinrich v. Madden

Florida District Courts of Appeal · Decided November 5, 1986 · No. 86-6 · Danahy, Ryder, Scheb

496 So. 2d 995; 11 Fla. L. Weekly 2339; 1986 Fla. App. LEXIS 10515 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Grubb v. City of Sebring (Fla. Dist. Ct. App. 1988)

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 of the Court

PER CURIAM.

The Sheriff of Hillsborough County, Walter Heinrich, appeals from an order denying the forfeiture of a 1968 Cessna 310 aircraft.

The Florida Contraband Forfeiture Act defines contraband to include “any ... vehicle of any kind ... which has been or is actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony.” § 932.-701(2)(e), Fla.Stat. (1985). Here, the appel-lee’s airplane was an element of the felony offense of reckless operation of an aircraft and not an instrumentality used in the commission of, or in aiding or abetting in the commission of a felony in violation of the Florida Contraband Forfeiture Act. Thus, the trial court correctly dismissed the sheriffs petition.

Affirmed.

DANAHY, C.J., and SCHEB and RYDER, JJ., concur.

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