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METIVER v. STATE DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES

No. 98-0398.

720 So.2d 1170 (1998)

Lucien METIVER, Penney Metiver, and Master Auto Sales, Inc., Appellants, v. STATE of Florida, DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES; Fred O. Dickenson, III, in his official capacity as Executive Director of the State of Florida, Department of Highway Safety & Motor Vehicles; Robert F. Milligan, in his official capacity as Comptroller of the State of Florida, Appellees.

District Court of Appeal of Florida, Fourth District.

November 25, 1998.

Attorney(s) appearing for the Case

Gary Gerrard of Gary Gerrard, P.A., Lexington, Georgia, for appellants.

Robert A. Butterworth, Attorney General, and Douglas J. Glaid, Assistant Attorney General, Fort Lauderdale, for Appellee-Department of Highway Safety & Motor Vehicles.

PER CURIAM.

After dismissal of Appellees' forfeiture action was affirmed on appeal, State Dep't of Highway Safety and Motor Vehicles v. Metiver, 684 So.2d 204 (Fla. 4th DCA 1996), Appellants sought attorney's fees pursuant to § 932.704(10), Fla.Stat. (1995). That statute provides, in relevant part, that a successful claimant in a forfeiture proceeding is entitled to reasonable trial attorney's fees "if the court finds...

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