Board of County Commissioners v. Pate

I respectfully dissent.

The case of Bruce v. Malloy,1 did not rule on the question of whether boats and motors were “nets, traps or fishing devices” subject to forfeiture under F.S. § 372.31, F.S.A. In the Bruce case, the questions presented were whether the owner of the forfeited items was entitled to recover same after the period authorized by the court for repossession had expired, and whether conviction for violation of the fish and game laws was a condition precedent to forfeiture. Petitioners’ attempts to read anything further into the case are futile. The reliance of the majority on…