Kosel v. State ex rel. City of Largo

THREADGILL, Judge.

Vincent Kosel appeals the denial of his motion for summary judgment in a forfeiture action filed by the City of Largo. We have jurisdiction of this nonfinal order determining the right to immediate possession of property pursuant to rule 9.130(a)(3)(C)(ii), Florida Rules of Appellate Procedure. Because a court of competent jurisdiction had already ordered the return of some of the items listed in the forfeiture petition, and the appellant had timely raised the previous order as an affirmative defense, we find the motion for summary *1129judgment should have been granted as to…