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STATE, DNR v. FORFEITURE OF ONE VESSEL

No. 92-1111.

617 So.2d 773 (1993)

STATE of Florida, DEPARTMENT OF NATURAL RESOURCES, Appellant, v. In re FORFEITURE OF ONE VESSEL, DESCRIBED AS A 1950, 62 FT. WHITE DE VRIES LEN KETCH SAILBOAT, Florida Registration Number 11290, and One Johnson 15 H.P. Outboard Motor, Serial Number E6168173, and All Associated Equipment, Appellee.

District Court of Appeal of Florida, Third District.

April 27, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Linda S. Katz, Asst. Atty. Gen., for appellant.

D. Robert Silber, Fort Lauderdale, Paul Stark, Plantation, for appellee.

Before BASKIN, JORGENSON and COPE, JJ.

CORRECTED OPINION

COPE, Judge.

The Florida Department of Natural Resources ("DNR") appeals a final order dismissing its petition for forfeiture of a 62 foot sailboat. We reverse.

In June, 1991 DNR seized a sixty-two foot sailboat for forfeiture. DNR sent notice of the seizure to claimant Christian Ryan, also known as Colin Gregory. In July, 1991 claimant's counsel submitted a claim for return of the property.

In August, 1991 the Florida Supreme...

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