IN RE FORFEITURE OF SIX VIDEO DRAW POKER MACHINES

No. 88-2404.

544 So.2d 1097 (1989)

In re FORFEITURE OF the Following Described Property SIX VIDEO DRAW POKER MACHINES, Twelve Slot Machines, Five Coin Operated Machines, One Silver Jubilee Machine, Assorted Jewelry, and $602.11 United States Currency.

District Court of Appeal of Florida, First District.

June 9, 1989.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and Beverly S. McLear, Asst. Atty. Gen., Tallahassee, for appellant.

Clyde Shoemake, Daytona Beach, for appellee.


ERVIN, Judge.

In this appeal the State seeks review of a final order entered by the circuit court in a civil forfeiture proceeding denying its motion for summary judgment, granting the property owner's motion to dismiss, and directing the sheriff to return the confiscated property to the owner. Reversal of the order is required because the ultimate decision was premature due to departures from established procedures for civil forfeiture actions.

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