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CHUCK v. CITY OF HOMESTEAD POLICE DEPT.

Nos. 3D02-233, 3D01-2768.

888 So.2d 736 (2004)

Wayne CHUCK and John Toney, Appellants, v. CITY OF HOMESTEAD POLICE DEPARTMENT and Village of Pinecrest, Appellees.

District Court of Appeal of Florida, Third District.

December 15, 2004.

Attorney(s) appearing for the Case

John E. Bergendahl, Miami, and Kenneth P. Speiller, for appellants.

Andrew B. Ginsburg, and Robert S. Glazier, Miami; and Cynthia A. Everett, Opa Locka, for appellees.

Before SCHWARTZ, C.J., and COPE, LEVY, GERSTEN, GODERICH, GREEN, FLETCHER, SHEVIN, RAMIREZ, WELLS, and SHEPHERD, JJ.

EN BANC

RAMIREZ, J.

We have heard two cases en banc in an attempt to clarify the controversy surrounding the standing issue at the preliminary adversarial hearing stage of a forfeiture of seized currency proceeding. The standing issue has all too often been confused with the merits of the actual case. At these adversarial hearings, the property rights of claimants have been summarily decided by the trial court, depriving them of their statutory...

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