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IN RE FORFEITURE OF $8,489.00

No. 91-02146.

603 So.2d 96 (1992)

In re FORFEITURE OF the Following Described Property: EIGHT THOUSAND FOUR HUNDRED EIGHTY-NINE ($8,489.00) DOLLARS IN U.S. CURRENCY. Timothy FERNANDEZ and Cynthia Fernandez, Appellants, v. Austin C. McLANE, as Chief of Police of the City of Tampa Police Department, Appellee.

District Court of Appeal of Florida, Second District.

July 31, 1992.

Attorney(s) appearing for the Case

Wayne S. Timmerman, Tampa, for appellants.

Robert M. Larrinaga, Asst. City Atty., Tampa Police Dept., Tampa, for appellee.

ALTENBERND, Judge.

Timothy and Cynthia Fernandez appeal a final judgment ordering forfeiture of $8,489.00. We reverse and remand for a new hearing because the trial court relied upon a standard and burden of proof which the supreme court changed after the hearing in this case. Department of Law Enforcement v. Real Property, 588 So.2d 957 (Fla. 1991); In re Forfeiture of the Following Described Property, 1985 Mercedes Serial...

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