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CITY OF DAYTONA BEACH v. BUSH

No. 98-3288.

742 So.2d 335 (1999)

CITY OF DAYTONA BEACH, Florida, Appellant, v. Marsha BUSH, Appellee.

District Court of Appeal of Florida, Fifth District.

July 30, 1999.

Attorney(s) appearing for the Case

Gregory J. McDole, Assistant City Attorney, Daytona Beach, for Appellant.

J. David Kerce, P.A., Daytona Beach, for Appellee.

W. SHARP, J.

The City of Daytona Beach appeals from an order denying its petition to forfeit a 1992 Chevrolet Suburban owned by Marsha Bush. The determinative issue at trial was whether Bush was entitled to the "innocent owner" defense created by section 932.703(6)(a), Florida Statutes (1997). That section provides that an agency (in this case, the City) seeking to forfeit property under the Florida Contraband Forfeiture Act, must prove by a preponderance of the evidence...

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