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BEARY v. GAY

No. 98-2545.

732 So.2d 478 (1999)

Kevin B. BEARY, Sheriff of Orange County, Appellant, v. Carole GAY, Appellee.

District Court of Appeal of Florida, Fifth District.

May 21, 1999.

Attorney(s) appearing for the Case

Tamara L. Gappen, Orlando, for Appellant.

Andrew L. Cameron, Orlando, for Appellee.

ANTOON, J.

In this civil forfeiture case, the Sheriff of Orange County, Kevin B. Beary, is seeking forfeiture of $8,380 which was found in Carole Gay's luggage during a search of a car in which she was a passenger. See § 932.703, Fla. Stat. (1993). The trial court entered a summary final judgment against the Sheriff, ordering that the money be returned to Ms. Gay. We reverse because the record contains genuine issues of material fact concerning whether...

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