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HERNANDEZ v. CITY OF MIAMI BEACH

No. 3D08-669.

23 So.3d 163 (2009)

Miguel HERNANDEZ, Luis Baez, Frank Smith, and Indra Alam, Appellants, v. CITY OF MIAMI BEACH, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied December 17, 2009.

Attorney(s) appearing for the Case

John H. Lipinski, for appellants.

Jose Smith, City Attorney, and Steven H. Rothstein and Debora J. Turner, First Assistant City Attorneys, for appellee.

Before COPE, SHEPHERD and SUAREZ, JJ.

COPE, J.

This is an appeal of an order finding probable cause in a forfeiture proceeding. See Fla. R.App. P. 9.130(a)(3)(C)(ii). We conclude that the order must be reversed on account of the City's delay in requesting an adversary probable cause hearing.

Miami Beach police officers seized a 2005 Land Rover, cash, and jewelry pursuant to the Florida Contraband Forfeiture Act, sections 932.701-.706, Florida Statutes (2008). As required by the Act, the...

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