GARCELL v. HOLDER

No. 96-01853.

689 So.2d 1177 (1997)

Roberto Rene GARCELL, Appellant, v. Bennie R. HOLDER, as Chief of the Tampa Police Department, Appellee.

District Court of Appeal of Florida, Second District.

March 7, 1997.


Attorney(s) appearing for the Case

Daniel L. Castillo, Tampa, for Appellant.

Ray C. Lopez, Assistant City Attorney, Tampa, for Appellee.


PARKER, Judge.

Roberto Rene Garcell appeals the trial court's order determining that it lacked jurisdiction to consider his motion for attorney's fees and costs on the grounds that Bennie R. Holder, the Chief of Police, had filed a voluntary dismissal with prejudice of a forfeiture action which sought money seized from Garcell during an arrest involving a drug transaction. We reverse.

Following the Tampa Police Department's seizure of $95 from Garcell after...

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