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PLANES v. HEINRICH

No. 88-02144.

552 So.2d 981 (1989)

Melanie A. PLANES, Appellant, v. Walter C. HEINRICH, As Sheriff of Hillsborough County, Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 22, 1989.

Attorney(s) appearing for the Case

Paul S. Carr of Carr Law Offices, P.A., Ruskin, for appellant.

David J. Farash, Tampa, for appellee.

LEHAN, Acting Chief Judge.

We reverse the summary judgment in favor of the Sheriff of Hillsborough County in this suit for the forfeiture of appellant's automobile. The suit was based upon the alleged use of the automobile in the commission of the felony possession of cocaine. There was a material issue of fact as to whether appellant had the requisite knowledge that the cocaine was in the automobile. See State v. Griffin, 512 So.2d 1087

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