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STATE DEPT. OF HWY. & SAF. v. METIVER

No. 95-3785.

684 So.2d 204 (1996)

STATE of Florida DEPARTMENT OF HIGHWAY AND SAFETY AND MOTOR VEHICLES, Appellant, v. Lucien METIVER, Penny Metiver, Master Auto Sales, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Clarification Denied December 26, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Douglas J. Glaid, Assistant Attorney General, Hollywood, for appellant.

Gary Gerrard of Gary Gerrard, P.A., Coral Gables, for appellees.

STONE, Judge.

We affirm an order granting Appellee's motion to dismiss and requiring the Department of Highway Safety to return seized property as a result of the department's failure to obtain a preliminary adversarial hearing within ten days of Appellee's request.

On September 23, 1995, cash was seized from Appellee's alleged employee following a traffic stop. On October 3, 1995, Appellee's attorney requested the return of the seized currency or an adversarial...

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