Florida District Courts of Appeal, 1989

In re Forfeiture of $22,706.13 in U.S. Currency

Florida District Courts of Appeal · Decided January 18, 1989 · Anstead, Hersey, Stone

537 So. 2d 1057; 14 Fla. L. Weekly 213; 1989 Fla. App. LEXIS 120; 1989 WL 2043 (Southern Reporter, Second Series)

Opinion of the Court

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).

*1058HERSEY, C.J., and STONE, J., concur. ANSTEAD, J., dissents with opinion.

Dissenting 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).

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