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RIZZO v. STATE EX REL. CITY OF POMPANO BEACH

No. 78-1843.

396 So.2d 869 (1981)

Anthony RIZZO and 1978 Sea Ray, SERF 127909-77-300-Sb-512-8; FL 1418DL, Appellants, v. STATE of Florida, ex rel. CITY OF POMPANO BEACH, for the Use and Benefit of Pompano Beach Police Department, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 13, 1981.

Attorney(s) appearing for the Case

Stuart A. Tarlowe of Glass, Rastatter, Stark & Tarlowe, Fort Lauderdale, for appellants.

Jim Smith, Atty. Gen., Tallahassee, and Glenn H. Mitchell and Russell S. Bohn, Asst. Attys. Gen., West Palm Beach, for appellee.

ON MOTION FOR REHEARING

DOWNEY, Judge.

On March 12, 1980, we issued an opinion reversing a final judgment that ordered forfeiture of the marine vessel involved in this cause. In that opinion we held that the circuit court should have granted a motion to suppress marijuana seized by the police. The State of Florida, on the relation of the City of Pompano Beach, for the use and benefit of the Pompano Beach Police Department, filed a timely motion for rehearing...

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