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IN RE FORFEITURE OF 2006 CHRYSLER 4-DOOR

No. 2D08-1900.

9 So.3d 709 (2009)

In re FORFEITURE OF: 2006 CHRYSLER 4-DOOR, IDENTIFICATION NO. 2C3KA53GX6H258059. David Gee, Sheriff of Hillsborough County, Appellant, v. Kale Gainous, Appellee.

District Court of Appeal of Florida, Second District.

April 17, 2009.

Attorney(s) appearing for the Case

Christopher E. Brown, Tampa, for Appellant.

Joseph C. Bodiford, Tampa, and Octavio Gomez, Tampa, for Appellee.

LaROSE, Judge.

David Gee, the Hillsborough County Sheriff, appeals the trial court's order granting final summary judgment in favor of Kale Gainous, dismissing a forfeiture action and directing that a 2006 Chrysler automobile be returned to Mr. Gainous. We have jurisdiction, see Fla. R.App. P. 9.030(b)(1)(A), and reverse.

The forfeiture proceeding stems from Mr. Gainous's 2007 arrest and subsequent conviction...

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