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STATE, DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES v. FRASER

No. 95-0744.

673 So.2d 570 (1996)

STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, Appellant/Cross-Appellee, v. Cedric FRASER, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

May 22, 1996.

Attorney(s) appearing for the Case

Enoch J. Whitney, General Counsel, and Judson M. Chapman, Assistant General Counsel, Tallahassee, for appellant/cross-appellee.

Carl H. Lida of Law Office of Carl H. Lida, P.A., Plantation, for appellee/cross-appellant.

WARNER, Judge.

We reverse the trial court's order granting summary final judgment denying forfeiture of $41,500 in currency pursuant to the Florida Contraband Forfeiture Act. The trial court's order states:

The court finds that giving all favorable inferences to the Highway Patrol based on the evidence produced at all of the court proceedings and all of the evidence that is contained in the record, that this evidence fails to rise to the level of clear and...

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