Fernandez v. McLane

ALTENBERND, Judge.

Timothy and Cynthia Fernandez appeal a final judgment ordering forfeiture of $8,489.00. We reverse and remand for a new hearing because the trial court relied upon a standard and burden of proof which the supreme court changed after the hearing in this case. Department of Law Enforcement v. Real Property, 588 So.2d 957 (Fla.1991); In re Forfeiture of the Following Described Property, 1985 Mercedes Serial No. WDB7AQ4C1FF070173, 596 So.2d 1261 (Fla. 1st DCA 1992).

The City of Tampa Police Department filed this forfeiture action ten days after it had seized $8,489.00 in cash at…