STEWART v. TRAMEL

No. 95-3971.

695 So.2d 729 (1996)

Charles STEWART, Jr. and Beverly J. Stewart, Appellants, v. Thomas S. TRAMEL, III, as Sheriff of Columbia County, Appellee.

District Court of Appeal of Florida, First District.

September 11, 1996.


Attorney(s) appearing for the Case

Stephen N. Bernstein, Gainesville, for Appellants.

Rod Bowdoin and Teresa Byrd Morgan of Darby, Peele, Bowdoin & Payne, Lake City, for Appellee.


JOANOS, Judge.

In this appeal from a final order of civil forfeiture, appellants contend that the forfeiture violates the constitutional protection of their homestead as interpreted in Butterworth v. Caggiano, 605 So.2d 56 (Fla.1992).

In Caggiano, the supreme court held that "article X, section 4 of the Florida Constitution prohibits civil or criminal forfeiture of homestead property." Id. at 61. Appellee...

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