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DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES v. MEGAN-NEAVE

No. 5D02-75.

845 So.2d 934 (2003)

DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, Appellant, v. Dawna MEGAN-NEAVE, Appellee.

District Court of Appeal of Florida, Fifth District.

April 25, 2003.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Charles M. Fahlbusch, Ft. Lauderdale, for Appellant.

No Appearance for Appellee.

THOMPSON, C.J.

The Department of Highway Safety and Motor Vehicles ("department") appeals the trial court's order granting Dawna Megan-Neave's motion for summary judgment, thus revoking the seizure of Neave's motorcycle pursuant to the Florida Contraband and Forfeiture Act ("Forfeiture Act").1 We reverse.

Neave was the passenger and Raymond E. Potter was the driver of a motorcycle owned by Neave that was stopped for traveling in...

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