United States of America v. 116850 in US Currency

Filing 70

ORDER requesting the parties provide additional briefing regarding Florida partnership law as applied to Claimant. Claimant's Brief due by 05/01/2015 and Government's Response due 05/06/2015. Signed by Honorable Joseph F. Anderson, Jr. on 04/24/2015. (bshr, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
United States of America,

C/A No. 3:14-cv-01794-JFA

Plaintiff,
vs.

ORDER

$116,850 in United States Currency,
Defendant In Rem.
This matter is before the Court on the Government’s motion for summary judgment as to
Claimant Hung “Byron” Tran’s Article III standing. The parties concede that the Court must
look to Florida state law to determine the existence and extent of a claimant’s property interest.
Under Florida law, a partnership “may be created by express or implied contract, and the
contractual relationship must consist of the following elements: (1) a common purpose; (2) a
joint proprietary interest in the subject matter; (3) the right to share profits and duty to share
losses; and (4) joint control or right of control.” Williams v. Obstfeld, 314 F.3d 1270, 127–76
(11th Cir. 2002); see also Dreyfuss v. Dreyfuss, 701 So.2d 437, 439 (Fla. Dist. Ct. App. 1997).
To find that a partnership or joint venture exists, Florida courts require that each of the four
factors must be established. Williams, 314 F.3d at 1276 (emphasis added).
Accordingly, the Court requests that the parties provide additional briefing regarding
Florida partnership law as applied to Claimant. The Court requests that the Claimant file a brief
by May 1, 2015, and the Government respond to Claimant’s brief by May 6, 2015.

IT IS SO ORDERED.
April 24, 2015
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge