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IN RE FORFEITURE OF 2003 CHEVROLET CORVETTE

No. 2D05-5346.

932 So.2d 623 (2006)

In re FORFEITURE OF 2003 CHEVROLET CORVETTE, IDENTIFICATION NO. 1G1YY12S435100084, TAG VBA386. Department of Highway Safety and Motor Vehicles, Appellant, v. John C. Churchill, Appellee.

District Court of Appeal of Florida, Second District.

July 7, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Robert Dietz, Assistant Attorney General, Tampa, for Appellant.

Roger S. Elkind of Law Office of Roger S. Elkind, Aventura, for Appellee.

KELLY, Judge.

In this forfeiture proceeding, the Department of Highway Safety and Motor Vehicles appeals from the trial court's order setting aside its finding of probable cause and ordering the return of John Churchills seized Corvette. We reverse.

The Florida Contraband Forfeiture Act (the Act), sections 932.701-932.707, Florida Statutes (2004), makes it unlawful to use personal property as an instrumentality in the commission of any felony. Personal property...

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