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AL-HAKIM v. HOLDER

No. 2D00-2482.

787 So.2d 939 (2001)

Marzuk AL-HAKIM, Appellant, v. Bennie R. HOLDER, as Chief of the Tampa Police Department, and Kirby Rainsberger, acting on behalf of the Forfeiture Unit of the Tampa Police Department, Appellees.

District Court of Appeal of Florida, Second District.

June 1, 2001.

Attorney(s) appearing for the Case

Marzuk Al-Hakim, pro se.

James D. Palermo, City Attorney, and Nancy B. Silva, Assistant City Attorney, Tampa, for Appellees.

SILBERMAN, Judge.

Marzuk Al-Hakim appeals from an order dismissing with prejudice his petition for replevin. In considering the motion to dismiss filed in response to the petition, the circuit court looked beyond the allegations of the petition. Also, Al-Hakim did not have an opportunity to amend the petition to try to correct the deficiencies. For these reasons, we reverse.

Al-Hakim, acting pro se, filed suit seeking possession of a 1983 Cadillac.

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