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CITY OF MELBOURNE v. GERVAIS

No. 5D04-1987.

896 So.2d 972 (2005)

CITY OF MELBOURNE, Appellant, v. Joanne GERVAIS, Appellee.

District Court of Appeal of Florida, Fifth District.

April 1, 2005.

Attorney(s) appearing for the Case

Gregory S. Hansen, of Frese, Nash Hansen, P.A., Melbourne, for Appellant.

Michael H. Wolf, of Michael H. Wolf Associates, LLC, Sunrise, for Appellee.

PLEUS, J.

The orders finding no probable cause for seizure of the appellee/claimant's property (electronic video machines, gift cards and $17,354.50 in currency) and directing return of said property to her are reversed based upon the following holdings:

First, the City carried its burden at the hearing below of showing probable cause to believe that the subject property constituted illegal gambling devices and paraphernalia as per sections 849.15, 849.16...

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