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IN RE FORFEITURE OF 1993 LEXUS ES 300

No. 1D00-4191.

798 So.2d 8 (2001)

In re FORFEITURE OF A 1993 LEXUS ES 300, VIN: JT8VK13T9P0196573. Department of Highway Safety and Motor Vehicles, Appellant, v. Joseph E. Karr, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 26, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Sara E. Genzel-Steffen, Assistant Attorney General, Tallahassee, for Appellant.

Ben Bollinger, Panama City, for Appellee.

ALLEN, C.J.

The Department of Highway Safety and Motor Vehicles (the department) challenges an order entered in an action under the Florida Contraband Forfeiture Act, sections 932.701-932.707, Florida Statutes (1999) (the Act), by which the department sought the forfeiture of an automobile owned by the appellee. Following an adversarial preliminary hearing, the trial court ruled in the order under review that the forfeiture action could not proceed because the department...

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