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City of Coral Springs v. Forfeiture of a 1997 Ford Ranger Pickup Truck Vin#1FTCR10A4VTA624751/2/2002
ture of One Hundred Seventy-One Thousand Nine Hundred Dollars ($171,900) in U.S. Currency, 711 So. 2d at 1274 n.7 (citing United States v. Motor Yacht Named Tahuna, 702 F.2d 1276, 1281 (9th Cir.1983)); Lobo v. Metro-Dade Police Dep't, 505 So. 2d 621, 623 (Fla. 3d DCA 1987)).
Wandell chose not to testify and presented no evidence to dispute the facts as set forth in the affidavits. Therefore, the trial court was not called upon to judge credibility or resolve conflicts in the evidence. Thus, the trial court erred when it found there was legally insufficient evidence for a finding of probable cause for forfeiture. Accordingly, the order denying the petition for probable cause for forfeiture of the Ford Ranger is reversed and the case is remanded for further proceedings.
REVERSED.
STONE and GROSS, JJ., concur.
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