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STATE EX REL. CITY OF FORT LAUDERDALE v. FRANZER

No. 76-696.

364 So.2d 62 (1978)

STATE of Florida ex rel. CITY OF FORT LAUDERDALE, Broward County, Florida, for the Use and Benefit of Fort Lauderdale Police Department, Appellant, v. Nicholas Leander FRANZER and 1974 Chevrolet Corvette Vin: 1Z67J4S405133, Appellees.

District Court of Appeal of Florida, Fourth District.

November 8, 1978.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Basil S. Diamond, Asst. Atty. Gen., West Palm Beach, for appellant.

No appearance for appellees.

CROSS, Judge.

The State of Florida, ex rel. City of Fort Lauderdale, appeals from an order denying forfeiture of a motor vehicle and directing its return to the owner. We reverse.

On October 14, 1975 Nicholas Franzer was arrested, along with Arthur J. Curcuruto, by officers of the Fort Lauderdale Police Department for the sale of a quantity of marijuana. Mr. Franzer's 1974 Chevrolet Corvette automobile, which was used to transport the contraband to the scene...

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