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IN RE FORFEITURE OF ONE 1980 OLDSMOBILE 98, VIN 3X37NAM179969

No. 84-858.

471 So.2d 137 (1985)

In re FORFEITURE OF ONE 1980 OLDSMOBILE 98, VIN 3X37NAM179969. Lawson L. LAMAR, Sheriff of Orange County, Florida, Appellant/Cross-Appellee, v. UNIVERSAL SUPPLY COMPANY, INC., Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 21, 1985.

Attorney(s) appearing for the Case

Peggy M. Morris, Orlando, for appellant/cross-appellee.

Hal Roen, Orlando, for appellee/cross-appellant.

DAUKSCH, Judge.

This is an appeal from an order denying forfeiture of an automobile. Appellee was in the automobile and waved a firearm at another person in a manner alleged by the state to be an aggravated assault. The trial judge found there was insufficient proof of the assault to support the allegation. Maybe so, but that is not the reason we affirm the judgment. We affirm it because the automobile was not the instrumentality...

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