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CITY OF CLEARWATER v. ONE 1980 PORSCHE 911 SC, VEHICLE ID # 91A0140918

No. 82-1424.

426 So.2d 1260 (1983)

CITY OF CLEARWATER, Florida, Appellant, v. ONE 1980 PORSCHE 911 SC, VEHICLE ID # 91A0140918, Appellee.

District Court of Appeal of Florida, Second District.

February 11, 1983.

Attorney(s) appearing for the Case

Richard Griesinger, Asst. City Atty., Clearwater, Jack Helinger, of Louderback, McCoun & Helinger, St. Petersburg, Florida, for appellant.

Peter N. Meros of Meros, Coit, Edman, Meros, Smith & Meros, P.A., St. Petersburg, Florida, for appellee.

LEHAN, Judge.

The City of Clearwater appeals an order denying its petition for forfeiture of a vehicle allegedly used to facilitate the sale of marijuana. We affirm.

Title to the Porsche was in the name of John Hoyt, who the City alleged was a nonexistent person. The car was driven by Raymond Mayer and parked at his Clearwater residence while Mayer was under surveillance and investigation for suspicion of illegal drug activity.

In mid-December, 1981...

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