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IN RE FORFEITURE OF $21,650 U.S. CURR

No. 91-0302.

605 So.2d 102 (1992)

In re FORFEITURE OF $21,650.00 IN UNITED STATES CURRENCY AND MISCELLANEOUS JEWELRY.

District Court of Appeal of Florida, Fourth District.

Rehearing and Clarification Denied October 14, 1992.

Attorney(s) appearing for the Case

Alan R. Soven and Barry M. Wax, Law Offices of Soven & Wax, Miami, for appellant Anthony Shurten.

Enoch J. Whitney, Gen. Counsel, and Judson M. Chapman, Asst. Gen. Counsel, Tallahassee, for appellee Dept. of Highway Safety and Motor Vehicles.

PER CURIAM.

In this civil forfeiture case, the only question we address is whether there was sufficient, clear and convincing evidence that a large sum of cash was to be used in furtherance of a criminal enterprise, or whether there was an entitlement to a directed verdict as a matter of law. The trial judge ruled it was a jury question. We reverse.

The sum of $21,650 was discovered by a police officer in a briefcase located in the trunk of a vehicle.

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