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DEPT. OF HWY. SAFETY & M. VEH. v. CHARLES

No. 92-264.

606 So.2d 750 (1992)

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant, v. Bradley CHARLES and Lonnie Kerr, Appellees.

District Court of Appeal of Florida, Fifth District.

October 23, 1992.

Attorney(s) appearing for the Case

Enoch J. Whitney, Gen. Counsel, and R.W. Evans, Asst. Gen. Counsel, Dept. of Highway Safety and Motor Vehicles, Tallahassee, for appellant.

Michael H. Lambert, Daytona Beach, for appellees.

W. SHARP, Judge.

The Department of Highway Safety & Motor Vehicles appeals from an order entered after an adversary preliminary hearing which found the Department failed to adduce sufficient evidence to prove probable cause that $39,390 in United States currency was intended to be used to buy contraband. It also dismissed the Department's petition for a rule to show cause and for a final judgment of forfeiture, which the Department had filed to commence these...

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