WILLIAMS v. CITY OF EDGEWOOD

No. 88-1196.

541 So.2d 122 (1989)

Michael Lynn WILLIAMS, Appellant/Cross-Appellee, v. CITY OF EDGEWOOD, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 13, 1989.


Attorney(s) appearing for the Case

William A. Greenberg of Greenberg and Lester, Fern Park, for appellant/cross-appellee.

James Patrick Curry of Curry, Taylor and Carls, Orlando, for appellee/cross-appellant.


GOSHORN, Judge.

Williams appeals an order forfeiting his automobile pursuant to sections 932.701-932.704, Florida Statutes (1987). We reverse.

A law enforcement agency attempting to effectuate a forfeiture must prove by the preponderance of the evidence that the automobile "has been or is actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony". Section...

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