DEPT. OF BUSINESS REGULATION v. RAINS

No. 85-444.

477 So.2d 1029 (1985)

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellant, v. William John RAINS and Johnnie Rowe, Individually, Bill Rains and Johnnie Rowe, D/B/a Bill's Music Center, and One Video Hi-Lo Double up Joker Poker Machine, Serial No. CB2493, with All Contents, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 28, 1985.


Attorney(s) appearing for the Case

Louisa E. Hargrett, Staff Attorney, Dept. of Business Regulation, Tallahassee, for appellant.

Allen P. Allweiss and Robert M. Johnson of Allweiss and Mensh, St. Petersburg, for appellees.


DANAHY, Judge.

The question presented to us is whether a slot machine constitutes gambling paraphernalia subject to forfeiture under the Florida Contraband Forfeiture Act, sections 932.701-932.704, Florida Statutes (1983) (the Act). We hold that it does, and reverse the order of the trial judge denying forfeiture.

The machine involved in this case is called a Video Hi-Lo Double Up Joker Poker machine. At the outset, we note that the appellees present no argument...

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