Florida District Courts of Appeal, 1995

Allen v. Combined Law Enforcement Against Narcotics

Florida District Courts of Appeal · Decided February 1, 1995 · Cmef, Frank, Parker, Threadgill

650 So. 2d 144; 1995 Fla. App. LEXIS 623; 1995 WL 44554 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Clark v. Forfeiture of $21,058.00 United States Currency & A GMC Truck VIN/2GTEC19T6X1559468 (Fla. Dist. Ct. App. 2005)

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

FRANK, CMef Judge.

Paul Eddie Allen has appealed from a final judgment of forfeiture on the ground that the court erred by deciding the ultimate issue of forfeiture, a matter within the province of the jury. We agree and reverse.

Section 932.704(3), Florida Statutes (1993), provides as follows:

Any trial on the ultimate issue of forfeiture shall be decided by a jury, uMess such right is waived by the claimant through a written waiver on the record before the court conducting the forfeiture proceeding.

See also Department of Law Enforcement v. Real Property, 588 So.2d 957 (Fla. 1991). Because Allen did not waive his right to a jury *145trial, we reverse the forfeiture order under review and remand for a new trial.

THREADGILL and PARKER, JJ., concur.

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