147 So. 3d 95
Fla. Dist. Ct. App.2014Background
- Appellants challenge a non-final order: probable cause for seizure and denial of return of property.
- Seminole County Sheriff seized 23 foreign bank, investment, and insurance accounts located in NY, OK, MO, IA, IN.
- Four automobiles were seized in Volusia, Pinellas, and Duval Counties; none located in Florida.
- Appellants sought an adversarial preliminary hearing and return of property; trial court denied return.
- Court treats forfeiture as an in rem proceeding and analyzes jurisdiction over foreign property and territorial limits.
- Court vacates probable-cause order, remands to grant return of property; awards appellate attorney’s fees; damages handled separately.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the Florida court have in rem jurisdiction over foreign property? | Burns lacking in rem jurisdiction over foreign accounts and cars. | State asserts jurisdiction under FCFA and territorial statutes. | No in rem jurisdiction over foreign property; order vacated and remanded. |
| Did the trial court have authority to continue seizure of the out-of-county property? | Seizure outside Seminole County exceeds sheriff's territorial authority. | Authorities justify seizure under statutes and exceptions. | No authority to seize outside territorial limits; remand for return. |
| What is the proper allocation of attorney’s fees and damages on appeal? | Appellants entitled to appellate fees for frivolous conduct; damages may follow. | Fees/damages governed by FCFA provisions; seek damages in trial court. | Appellate attorney’s fees awarded; damages dismissed without prejudice to pursue in trial court. |
Key Cases Cited
- Ruth v. Dep't of Legal Affairs, 684 So.2d 181 (Fla. 1996) (forfeiture requires in rem jurisdiction over subject property)
- Sargeant v. Al-Saleh, 137 So.3d 432 (Fla. 4th DCA 2014) (Florida lacks in rem or quasi in rem over foreign property)
- Paciocco v. Young, Stern & Tannenbaum, P.A, 481 So.2d 39 (Fla. 3d DCA 1985) (no in rem jurisdiction over notes secured by foreign real-property mortgages)
- Gay v. Beary, 758 So.2d 1242 (Fla. 5th DCA 2000) (forfeiture statute favors making claimants whole through attorney’s fees when seizing agency acts in bad faith)
- Eight Hundred, Inc. v. State, 781 So.2d 1187 (Fla. 5th DCA 2001) (review of right to immediate possession of property where order denied return)
- Dismuke v. Office of State Attorney, 948 So.2d 1039 (Fla. 5th DCA 2007) (treating writ of replevin as motion for return of property and appellate interlocutory review)
- Pondella Hall For Hire, Inc. v. Lamar, 866 So.2d 719 (Fla. 5th DCA 2004) (damages determination to be decided in trial court)