Florida District Courts of Appeal, 2003

Khawly v. Miami-Dade Police Department

Khawly v. Miami-Dade Police Department
Florida District Courts of Appeal · Decided December 3, 2003 · Cope, Levy, Shevin
860 So. 2d 1019; 2003 Fla. App. LEXIS 18342; 28 Fla. L. Weekly Fed. D 2779 (Southern Reporter, Second Series)

Khawly v. Miami-Dade Police Department

Opinion of the Court

PER CURIAM.

The finding of the trial court that Petitioner, Habby Pierre Khawly, lacked standing, was made without a full, eviden-tiary hearing on the issue of standing. See Office of the State Attorney v. Jimenez, 845 So.2d 914 (Fla. 3d DCA 2003)(β€œThe inquiry on standing is simply to determine whether the claimant has shown an ownership interest such that he is entitled to be heard in the forfeiture proceeding.”); Vasquez v. State, 777 So.2d 1200, 1202 (Fla. 3d DCA 2001)(A .claimant should not have to prove her or his case to establish standing to contest a forfeiture.). Accordingly, we reverse the matter and remand to the trial court for further proceedings.

Reversed and remanded.

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