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MORTON v. GARDNER

No. 86-1141.

513 So.2d 725 (1987)

George M. MORTON and Marlene J. Morton, Appellants, v. Tom GARDNER, Executive Director, Department of Natural Resources, State of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 2, 1987.

Attorney(s) appearing for the Case

James S. Mattson, Key Largo, for appellants.

L. Kathryn Funchess, Tallahassee, for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.

DANIEL S. PEARSON, Judge.

The questions presented on this appeal are (1) whether the seizure of a vessel pursuant to the Florida Contraband Forfeiture Act gives rise to an inverse condemnation claim by the vessel's owner who prevails in the forfeiture proceeding, and (2) whether such prevailing owner is entitled to recover damages in tort for the loss of use of his property. We answer both questions in the negative and affirm the judgment under review.

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