City of Pompano Beach v. Bardua

DOWNEY, Judge.

This is a timely appeal from a final order denying the appellants’ “Amended Complaint for Rule to Show Cause and Final Order of Forfeiture” and ordering that the subject matter of the litigation, a 1975 Mercedes 450 SL, be returned to the appellee. The Amended Complaint for Rule to Show Cause was dismissed for failure to establish probable cause that the vehicle was used as an instrumentality or to facilitate the commission of a felony, or that it was used to transport contraband.

We believe a reversal of the order is required because the ultimate decision was premature, no doubt…