Heinrich v. Scaglione

GRIMES, Acting Chief Judge.

The Sheriff of Hillsborough County filed suit to forfeit a 1979 Chevrolet CIO van which allegedly had been used in gambling activities.1 After hearing testimony of the sheriff’s witnesses that Tony Scaglione, the record title owner, had used his van to aid and abet felony gambling offenses, the court ordered the vehicle forfeited. On motion for rehearing, the court reversed its position and entered a final judgment which directed that the van be delivered to Tony Scaglione’s brother. The sheriff appeals from this judgment.

The stipulated record on appeal provides in…