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PRESTON v. CITY OF FORT PIERCE

No. 93-1810.

637 So.2d 326 (1994)

James PRESTON, Jr., a/k/a Alphonso Coleman, Appellant, v. CITY OF FORT PIERCE, a Florida Municipal Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

May 25, 1994.

Attorney(s) appearing for the Case

Robert J. Watson of Friereson & Watson, P.A., Stuart, for appellant.

Robert V. Schwerer of Brennan, Hayskar, Jefferson, Gorman, Walker & Schwerer, Fort Pierce, for appellee.

FARMER, Judge.

The unique issue presented in this forfeiture case is whether it is an abuse of discretion to refuse to require that an incarcerated prisoner be brought before the court for the trial in a civil proceeding in which a governmental agency seeks to forfeit property in which he claims an interest.1 We hold that under the facts and circumstances of this case the court abused its discretion...

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