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CITY OF ST. PETERSBURG v. HOUGHTON

Nos. 78-574, 78-748.

362 So.2d 681 (1978)

CITY OF ST. PETERSBURG, Florida, a Municipal Corporation, Harold Mullendore, As Custodian of Evidence for the Grand Jury of Pinellas County, and Harold Mullendore, As Clerk of Court in and for the Sixth Judicial Circuit, Petitioners, v. W.R. HOUGHTON, Respondent. W.R. HOUGHTON, Petitioner, v. CITY OF ST. PETERSBURG, Florida, a Municipal Corporation, Harold Mullendore, As Custodian of Evidence for the Grand Jury of Pinellas County, and Harold Mullendore, As Clerk of Court in and for the Sixth Judicial Circuit, Respondents.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 20, 1978.

Attorney(s) appearing for the Case

Michael S. Davis, Chief Asst. City Atty. and Richard Luce, Asst. City Atty., St. Petersburg, Philip W. Dann, St. Petersburg, for W.R. Houghton.

W. Gray Dunlap, County Atty., James A. Helinger, Jr., Chief Asst. County Atty., and Gerald A. Figurski, Asst. County Atty., Clearwater, for Harold Mullendore, as Clerk of Court in and for the Sixth Judicial Circuit.

James T. Russell, State's Atty., D. Lee Fugate and Myron J. Mensch, Asst. State Attys., Clearwater, for Harold Mullendore, as Custodian of Evidence for the Grand Jury of Pinellas County.

RYDER, Judge.

W.R. Houghton, the plaintiff below, filed a civil action against the City of St. Petersburg [City], Harold Mullendore [Mullendore], as Custodian of Evidence for the Grand Jury of Pinellas County, and also as Clerk of Circuit Court in and for the Sixth Judicial Circuit.1

The third amended complaint has three counts. Count I, an action in replevin, alleges, inter alia, that $316,380.00 were seized from the custody...

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