WILDWOOD POLICE DEPT. v. WYATT

No. 90-2420.

588 So.2d 59 (1991)

WILDWOOD POLICE DEPARTMENT, Appellant, v. Phillip WYATT, Sr., Appellee.

District Court of Appeal of Florida, Fifth District.

October 31, 1991.


Attorney(s) appearing for the Case

Jerri A. Blair of Blair & Cooney, P.A., Tavares, for appellant.

C. John Coniglio of C. John Coniglio, P.A., Wildwood, for appellee.


HARRIS, Judge.

The Wildwood Police Department appeals the summary judgment denying its forfeiture of $25,300 in cash. The court entered summary judgment on the basis that although "petitioner established probable cause" to require Wyatt to show cause why the funds should not be forfeited, it did not controvert Wyatt's affidavit that the cash was legally acquired. Because we agree with appellant that the source of the funds...

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