NVC Technology, Inc. v. Hunter

PATTERSON, Chief Judge.

The appellants challenge a nonfinal order finding probable cause for the sheriffs seizure of the appellants’ video redemption and video poker machines. See Fla. R.App. P. 9.130(a)(3)(C)(ii) (permitting review of nonfinal orders that determine “the right to immediate possession of property”). We affirm the order with respect to the video redemption machines but reverse the order with respect to the video poker machines.

At issue is whether the machines operated “by reason of any element of chance” so as tp fall within the definition of a slot machine in section 849.16,…