Florida District Courts of Appeal, 1993

Diamond v. Town of Palm Beach

Florida District Courts of Appeal · Decided August 18, 1993 · Downey, Farmer, Gunther, James

622 So. 2d 193; 1993 Fla. App. LEXIS 8571; 1993 WL 310728 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State, Department of Highway Safety & Motor Vehicles v. Fraser (Fla. Dist. Ct. App. 1996)

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

FARMER, Judge.

We reverse this summary judgment because we find genuine and material issues for resolution by the trier of fact. The owner of the property to be forfeited testified in the criminal trial and was convicted by a jury verdict of the underlying crime. The parties to the civil forfeiture action agreed that the court could take judicial notice of the testimony in the criminal case. The civil case was then transferred to the judge who had presided over the criminal trial. He took judicial notice of the criminal testimony and granted the Town of Palm Beach’s motion for summary judgment. We conclude that the court could not have done so without an impermissible weighing of conflicting evidence. Summary judgment was not designed for weighing conflicts.

REVERSED.

GUNTHER, J., and DOWNEY, JAMES C., Senior Judge, concur.

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