HomeMy WebLinkAbout0730 6. Petitioner has no other adequate remedy to regain possession
of his boat, since it is being unlawfully held b~~ the Defendant, even ~
~
though the Petitioner has already voluntarily, under waiver of immunity,
given sworn testimony before a representative of the Sheriff's Depart-
ment, and before Bruce H. Co~ton, Chief Assistant State Attorney for x
the 19th Judicial Circuit, that he had no knowledge whatsoever of the
4
events leading to the seizure of his boat,.except that it had been
stolen immediately prior to the time it was being used to transport
marijuana.
7. That the refusal of the Defendant to comply~with Florida :
;
Statute 705.09 F.S.A., has resulted in severe economic hardship to the i
~
y
Petitioner, in that he has lost the use of his boat, a conunercial fish- ;
:
ing craft, and, further, is being assessed dockage fees during this ex-
. cessive and unlawful period during which the Defendant has failed and i
refused to comply with the provisions of the above Statute. s
>
THEREFORE, we com~nand you, L.C.NORVELL, Sheriff of St. Lucie 3
County, Florida, to comply with the provisions of Florida Statute ;
_ a
705.09 F.S.A., to-wit: You shall forthwith fix the approximate value =
~
of the boat in question and make report thereof to a Judge of the ~
I
County Court. The report shall contain a schedule of the property ~
seized, a full statement of the facts giving cause ~for said seizure,
i the name and peeition of the person making the seizure, the name and
i
~
; address of the owners or persons having possession of ttie property
~ seized, the names and addresses of all persons, firms or corporations
~
s
` known to the Sheriff to have an interest in the property seized, or
~ Hon. Charles E. Smith, Circuit Judge
~ that you Show Cause before/~e in aoF Chambers in the St. ~ Lucie County
~ ~
Courthouse, Ft: Pierce, Florida, on the25th day of January ,
~ at 3:00 P.M. ~
~ 1979 ,/why you have not done so. '
~ ORDERED on January 9, 1979. ~
/J •
~ :=:~E.C~I:'SC R'CORD~D CI ZT `JUDGE .
~ . f. _ U iT . . _
~ ~ :~;c
~
~ 4:30180
_ '79 J~'t 9 P~l 3: 3 9
_ . : - . ~ ~ f .
~~~~~ri . :;~~_rf,~
~
~ ~
} -
~
~ ,
~ -
7 -2- ~ R 301 730 _
~ . B0~!c
~
~ ~
~ - - - _ ~
~ . _ .
~ :'<c ~t -
_ ~r _ ~~~.r , ~ a~: