IN RE FORFEITURE OF U.S. CURRENCY IN $91,357.12

No. 90-3476.

595 So.2d 998 (1992)

In re FORFEITURE of UNITED STATES CURRENCY IN THE AMOUNT OF NINETY-ONE THOUSAND THREE HUNDRED FIFTY-SEVEN AND 12/100 DOLLARS ($91,357.12), et al.

District Court of Appeal of Florida, Fourth District.

Rehearing, Rehearing and Certification Denied April 15, 1992.


Attorney(s) appearing for the Case

Lewis, Vegosen & Rosenbach, P.A., and Larry Klein of Klein & Walsh, P.A., West Palm Beach, for appellant Irving J. Salins.

Elizabeth T. McBride, Asst. City Atty., West Palm Beach, and L. Wesley Nichols of Watterson, Nichols & Neu, Palm Beach Gardens, for appellee City of West Palm Beach Police Dept.


Rehearing, Rehearing En Banc and Certification Denied April 15, 1992.

STONE, Judge.

The appellant, the mortgage holder on seized real property, is an intervenor in a forfeiture proceeding brought by the City of West Palm Beach. The trial court entered a summary judgment for the city and against the mortgagee, holding that the forfeiture was not subject to appellant's preexisting mortgage because it was not recorded...

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