Garcell v. Holder

PARKER, Judge.

Roberto Rene Garcell appeals the trial court’s order determining that it lacked jurisdiction to consider his motion for attorney’s fees and costs on the grounds that Bennie R. Holder, the Chief of Police, had filed a voluntary dismissal with prejudice of a forfeiture action which sought money seized from Gar-cell during an arrest involving a drug transaction. We reverse.

Following the Tampa Police Department’s seizure of $95 from Garcell after his arrest for purchasing cocaine, Chief Holder filed an action for forfeiture of the money pursuant to chapter 932, Florida Statutes…