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IN RE FORFEITURE OF $10,788.00 IN U.S. CURRENCY

No. 90-02114.

580 So.2d 855 (1991)

In re FORFEITURE OF the Following Described Property TEN THOUSAND SEVEN HUNDRED EIGHTY-EIGHT DOLLARS ($10,788.00) IN U.S. CURRENCY. FLORIDA DEPARTMENT OF LAW ENFORCEMENT, Appellant, v. John Timothy LAZZARA and Joseph Dominico Lazzara, Jr., Appellees.

District Court of Appeal of Florida, Second District.

May 24, 1991.

Attorney(s) appearing for the Case

Ellen M. Condon, Regional Legal Adviser, Florida Dept. of Law Enforcement, Tampa, for appellant.

James E. Felman of Winkles, Trombley, Kynes & Markman, P.A., Tampa, for appellees.

ALTENBERND, Judge.

The Florida Department of Law Enforcement (FDLE) appeals an order denying its petition for a rule to show cause in a proceeding to forfeit money obtained from a safe at a bar operated by John and Joseph Lazzara. We reverse. The petition adequately alleges a cause of action to forfeit the money. The affidavit attached to the FDLE's petition provides "due proof" that the money was being used in violation of the Florida Contraband Forfeiture Act. ...

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