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SMITH v. HINDERY

No. AS-389.

454 So.2d 663 (1984)

Wayne and Vivian SMITH, Appellants, v. L.J. "Lu" HINDERY, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 27, 1984.

Attorney(s) appearing for the Case

Thomas J. Farkash, Gainesville, for appellants.

W.G. Phillips, Gainesville, for appellee.

CORRECTED OPINION

MILLS, Judge.

Wayne and Vivian Smith, husband and wife, appeal from an order granting forfeiture of their interest in a pickup truck pursuant to the Florida Contraband Forfeiture Act, Sections 932.701-932.704, Florida Statutes (1981). The Smiths contend that the pickup truck was held by the entireties and therefore was not subject to forfeiture by one spouse without the knowledge and consent of the other. We agree and reverse.

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