MATTHEW MICKENS AND MARTHA D. MC INTOSH
v.
IN RE: FORFEITURE OF FOUR THOUSAND TWO HUNDRED TWENTY-SIX DOLLARS; 2007 CHEVROLET
Michael W. Schmid, Assistant City Attorney, Tampa, for City of Tampa Police Department. PER CURIAM. Matthew Mickens and Martha McIntosh appeal from a final order that denied their claim for damages under section
932.704(9)(b), Florida Statutes (2014), following the City of Tampa Police Department's voluntary dismissal of a forfeiture action. We affirm based on this court's decision in In re forfeiture of 2006 Pontiac Solstice, 210 So. 3d 78, 84-85 (Fla. 2d DCA 2016), which held that the claimant was not entitled to damages under section 932.704 because the case was voluntarily dismissed without a trial or appeal. As in Pontiac Solstice, we again certify conflict with Cox v. Department of Highway Safety & Motor Vehicles, 881 So. 2d 641 (Fla. 5th DCA 2004). The court's order is affirmed in all other respects. Affirmed; conflict certified. KELLY, VILLANTI, and LaROSE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Rivers v. State, 881 So. 2d 641 (Fla. 1st DCA 2004)
- In re Forfeiture OF 2006 Pontiac Solstice v. State, 210 So. 3d 78 (Fla. 2d DCA 2016)