AUSTIN C. MCLANE, AS CHIEF OF POLICE OF THE CITY OF TAMPA POLICE DEPARTMENT, APPELLANT,
v.
HARMON YOUNGBLOOD, APPELLEE

Fla. 2d DCA | 1989-06-21
No. 88-00602
LEHAN, A.C.J., and PARKER and PATTERSON, JJ., concur.
544 So. 2d 1179 Florida District Court of Appeal, Second District (1989) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

In this case involving the forfeiture of an automobile pursuant to sections 932.701-932.704, Florida Statutes (1987), we reverse the order granting appellee possession of the automobile during the pendency of the forfeiture proceeding. See City of Pompano Beach v. General Mobile Home Brokers, Inc., 493 So. 2d 97 (Fla. 4th DCA 1986).

Reversed and remanded for proceedings consistent herewith.

LEHAN, A.C.J., and PARKER and PATTERSON, JJ., concur.


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  • City OF Miami v. Barclay, 563 So. 2d 203 (Fla. 3d DCA 1990)
    …ing. In re Alcoholic Beverages Seized from Saul’s Elk Club on June 30, 1982, 440 So. 2d 65 (Fla. 1st DCA 1983). Further, a defendant is not entitled to have his vehicle returned during the pendency of the forfeiture proceeding. McLane v. Youngblood, 544 So. 2d 1179 (Fla. 2d DCA 1989) citing Pompano. Beach v. General Mobile Home Brokers, Inc., 493 So. 2d at 97. Therefore, because only seventeen days had passed when defendant moved to have his jeep returned, his action was premature. [*205] Accordingly, we rever…
  • City OF Coral Gables v. Rodriguez, 568 So. 2d 1302 (Fla. 3d DCA 1990)
    …time the court ordered the return of the property. “[A] defendant is not entitled to have his vehicle returned during the pendency of the forfeiture proceeding.” City of Miami v. Barclay, 563 So. 2d 203, 204 (Fla. 3d DCA 1990); McLane v. Youngblood, 544 So. 2d 1179 (Fla. 2d DCA 1989); see Lamar v. Universal Supply Co., 479 So. 2d 109 (Fla.1985); City of Pompano Beach v. General Mobile Home Brokers, 493 So. 2d 97 (Fla. 4th DCA 1986). Consequently, Rodriguez’s motion and the court’s disposition of the motion wer…

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