Pickard v. City of Vero Beach
Pickard v. City of Vero Beach
Opinion of the Court
FASTRACK APPEAL
We affirm the trial court’s entry of summary judgment holding that appellant’s vehicle was subject to forfeiture after appellant used the vehicle to travel to a drug store to pick up an illegal drug prescription. See Duckham v. State, 478 So.2d 347 (Fla. 1985); In re Forfeiture of 1986 Ford PU, 619 So.2d 337 (Fla. 2d DCA 1993). However, the parties agree the appellant is still entitled to have the trial court consider his claim that a forfeiture would violate the prohibition on excessive fines contained in the Eighth Amendment of the United States Constitution. See Austin v. United States, — U.S. —, 113 S.Ct. 2801, 125 L.Ed.2d 488 (1993). We agree.
Accordingly, we affirm in part and reverse in part and remand for further proceedings consistent herewith.
Reference
- Full Case Name
- Jay PICKARD v. CITY OF VERO BEACH
- Cited By
- 1 case
- Status
- Published