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DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES v. MOSS

No. 88-0862.

539 So.2d 1196 (1989)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. John MOSS, Appellee.

District Court of Appeal of Florida, Fourth District.

March 29, 1989.

Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel, Michael J. Alderman, Asst. General Counsel, and Coe C. Paisley, Department of Highway Safety and Motor Vehicles, Tallahassee, for appellant.

Gerald Michael Cunningham of Hitchcock & Cunningham, P.A., Fort Lauderdale, for appellee.

GUNTHER, Judge.

We reverse and remand to the trial court with instructions to issue a rule to show cause on the appellant's petition filed pursuant to the Florida Contraband Forfeiture Statute, section 932.704, Florida Statutes (1987).

In the instant case, the factual allegations of this petition were sufficient to state a cause of action because they established probable cause for believing that the contraband forfeiture statute had been violated. Based on...

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