On March 11, 2019 a
Hearing
was filed
involving a dispute between
David Morgan Sheriff Of Escambia County,
and
Desposito, John Leo,
In Re: Forfeiture Of Nine Thousand Five Hundred Eighty Five Dollars And 00 100,
for FORFEITURE
in the District Court of Escambia County.
Preview
Filing # 86208238 E-Filed 03/11/2019 05:37:49 PM
IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT
IN AND FOR ESCAMBIA COUNTY, FLORIDA
CIVIL DIVISION
IN RE: FORFEITURE OF: CASE NO:
NINE THOUSAND FIVE HUNDRED
EIGHTY-FIVE DOLLARS AND 00/100 ($9,585.00) DIVISION:
UNITED STATES CURRENCY
EMERGENCY REQUEST FOR ADVERSARIAL PRELIMINARY HEARING
PURSUANT TO THE FLORIDA CONTRABAND FORFEITURE ACT
PETITIONER, David Morgan, Sheriff of Escambia County, by and through his
undersigned counsel, hereby requests that an Adversarial Preliminary Hearing be scheduled in
this case, on an emergency basis, to determine whether probable cause exists that the seized
property in this case was used in violation of the Florida Contraband Forfeiture Act.
1. The nature of the emergency is that, pursuant to §932.703(3)(a), Florida Statute, a
seizing agency “shall set and notice the hearing, which must be held within 10 days after the
request is received or as soon as practicable.” The request for hearing by John Leo Desposito
is attached and incorporated herein.
2. In order to protect its case from dismissal, Petitioner requests that this hearing be
set on an emergency basis no later than March 15, 2019.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent to John
Desposito, 7310 Mimosa Drive, Pensacola, FL 32526 on this 11" day of March 2019.
/s/ Debra D. Little
Debra D. Little, Esquire
Florida Bar No. 0010556
Escambia County Sheriff's Office
1700 West Leonard Street
Pensacola, Florida 32501
(850) 436-9515
ddlittle@escambiaso.com2 $84 Ae
6 -
ge ee _
Chet CACO
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Le BEE
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sat i
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-edar Lake Drive
ola, FL 32526
To:
p @ Pensacola Fuel Injection
5 North Palafox Street
Invoice
1004
Date: 2/27/19
Make Checks Payable : John Desposito
Petree nesters eninaneenenes 15,000.00
Sub-Total: 15,000.00
Tax: 0.00
Total: 15,000.00
—.tVv Despes. 78
73ie Mimssa-dX.
RNS#4) Oo Fe
k
a {uRN RECEIPT
& > REQUESTED
£4
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MO
OL? LOOO 8000 oan? 683549
Esearbin Coury 5 heeeffh Oice
fp Lax bem.
Pou sails ft 32608
Document Filed Date
March 11, 2019
Case Filing Date
March 11, 2019
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Filing # 86208238 E-Filed 03/11/2019 05:37:49 PM IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR ESCAMBIA COUNTY, FLORIDA CIVIL DIVISION IN RE: FORFEITURE OF: CASE NO: NINE THOUSAND FIVE HUNDRED EIGHTY-FIVE DOLLARS AND 00/100 ($9,585.00) DIVISION: UNITED STATES CURRENCY EMERGENCY REQUEST FOR ADVERSARIAL PRELIMINARY HEARING PURSUANT TO THE FLORIDA CONTRABAND FORFEITURE ACT PETITIONER, David Morgan, Sheriff of Escambia County, by and through his undersigned counsel, hereby requests that an Adversarial Preliminary Hearing be scheduled in this case, on an emergency basis, to determine whether probable cause exists that the seized property in this case was used in violation of the Florida Contraband Forfeiture Act. 1. The nature of the emergency is that, pursuant to §932.703(3)(a), Florida Statute, a seizing agency “shall set and notice the hearing, which must be held within 10 days after the request is received or as soon as practicable.” The request for hearing by John Leo Desposito is attached and incorporated herein. 2. In order to protect its case from dismissal, Petitioner requests that this hearing be set on an emergency basis no later than March 15, 2019. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent to John Desposito, 7310 Mimosa Drive, Pensacola, FL 32526 on this 11" day of March 2019. /s/ Debra D. Little Debra D. Little, Esquire Florida Bar No. 0010556 Escambia County Sheriff's Office 1700 West Leonard Street Pensacola, Florida 32501 (850) 436-9515 ddlittle@escambiaso.com2 $84 Ae 6 - ge ee _ Chet CACO Dh y< v Ane iid ort witty j y Yihia Ue 2 "pl Es pe. The ful Ze Le BEE : . te Ba Cn aad & at _ . 62 CEL i cope 4h ga Chetpo ErvE_— _ : TPIT) r+. 7s?) wa ST oe mi —— el a BY LW icnmmne — i 7a ae eid af ee, a fA ps = fe ie i rrr me = rw cle gh Lio Tos Cpt hse see eee La rae ME te LYE A sat i G- 2truction -edar Lake Drive ola, FL 32526 To: p @ Pensacola Fuel Injection 5 North Palafox Street Invoice 1004 Date: 2/27/19 Make Checks Payable : John Desposito Petree nesters eninaneenenes 15,000.00 Sub-Total: 15,000.00 Tax: 0.00 Total: 15,000.00 —.tVv Despes. 78 73ie Mimssa-dX. RNS#4) Oo Fe k a {uRN RECEIPT & > REQUESTED £4 ae) MO OL? LOOO 8000 oan? 683549 Esearbin Coury 5 heeeffh Oice fp Lax bem. Pou sails ft 32608