FAMIGLIETTI v. ST. EX REL BROWARD CTY, ETC.

No. 79-1152.

382 So.2d 767 (1980)

David W. FAMIGLIETTI and 1976 Mercedes Benz VIN # 10704412028961, Appellants, v. STATE of Florida ex rel. BROWARD COUNTY, Florida, for the Use and Benefit of Broward County Sheriff's Office, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 30, 1980.


Attorney(s) appearing for the Case

Mitchell D. Aronson and Robert C. Hill of Engel, Aronson, Fried & Cohn, Miami, for appellants.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

AFFIRMED.

DOWNEY, C.J., and MOORE, J., concur.

ANSTEAD, J., dissents with opinion.

ANSTEAD, Judge, dissenting:

This is an appeal from a final judgment of forfeiture of a motor vehicle pursuant to Chapter 943, Florida Statutes. Sometime prior to September 11, 1978, the appellant, Famiglietti, filed a suit for replevin against the sheriff of Broward County in order to recover possession of a 1976 Mercedes Benz. On September...

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