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IN RE FORFEITURE OF BLUE 1979 2-DOOR TOYOTA

No. 83-589.

441 So.2d 697 (1983)

In re the FORFEITURE OF BLUE 1979 2-DOOR TOYOTA, Tag # DFJ-442, VIN # TE31377910.

District Court of Appeal of Florida, Fourth District.

November 23, 1983.

Attorney(s) appearing for the Case

Philip J. Montante, Jr., Pompano Beach, for appellants, City of Pompano Beach, Florida, and City of Pompano Beach Police Dept.

Robert C. Furr, Boca Raton, for appellee, Beverly Fitzsimmons.

HERSEY, Judge.

The City of Pompano Beach, unsuccessful in its attempt to obtain forfeiture of a Toyota automobile allegedly used in a burglary, brings this appeal.

Testimony indicates that items involved in the burglary were found in the Toyota, which is owned by Beverly Fitzsimmons, and that her son had possession of the automobile at the time of the burglary. Forfeiture was thus appropriate under section 932.703, Florida Statutes (1981) unless Fitzsimmons...

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