In re Forfeiture of $22,706.13

Full title: IN RE FORFEITURE OF $22,706.13 IN U.S. CURRENCY

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 27, 1989

537 So. 2d 1057 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-1366.

January 18, 1989. Rehearing Denied February 27, 1989.

Appeal from the Circuit Court for Palm Beach County; Edward Fine, Judge.

James O. Walker, III, of Law Offices of James O. Walker, III, Pompano Beach, for appellant — Robert Bernadotte.

William P. Doney of James W. Vance, P.A., West Palm Beach, for appellee — City of Boynton Beach, Florida.

PER CURIAM.

Affirmed. See Roban v. State, 384 So.2d 683 (Fla. 4th DCA), rev. denied, 392 So.2d 1379 (Fla. 1980); Tennant v. State, 205 So.2d 324 (Fla. 1st DCA 1967), cert. denied, 210 So.2d 227 (Fla. 1968). See also Department of Highway Safety and Motor Vehicles v. Pollack, 462 So.2d 1199 (Fla. 3d DCA 1985).

HERSEY, C.J., and STONE, J., concur.

ANSTEAD, J., dissents with opinion.

ANSTEAD, Judge, dissenting.

I believe this case involves an improper seizure and a failure to prove that the money seized was produced by illegal activities and, hence, subject to forfeiture. See the excellent opinion of Judge Daniel in Medious v. Department of Highway Safety and Motor Vehicles, 534 So.2d 729 (Fla. 5th DCA 1988).