PEOPLE OF MI V SIX HUNDRED THIRTY TWO DOLLARS

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STATE OF MICHIGAN COURT OF APPEALS __________________________________________ In Re Forfeiture of $632.32 in United States Currency, et al __________________________________________ PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED May 21, 1999 Plaintiff-Appellant, v SIX HUNDRED THIRTY-TWO DOLLARS AND THIRTY-TWO CENTS IN U.S. CURRENCY, FOUR THOUSAND FIVE HUNDRED TWENTY EIGHT DOLLARS AND EIGHTY FIVE CENTS IN U.S. CURRENCY, FOUR THOUSAND AND SEVENTY SIX DOLLARS IN U.S. CURRENCY, GOLD TONE WATCH, TWO GOLD TONE BRACELETS and GOLD TONE CHAIN, No. 214933 Wayne Circuit Court LC No. 98-890097 CF Defendants, and DEMETRIUS BRYANT, Claimant-Appellee. Before: Griffin, P.J., and Cavanagh and Fitzgerald, JJ. MEMORANDUM. Plaintiff appeals as of right the order granting claimant’s motion for summary disposition in this forfeiture action under the controlled substances provisions of the Public Health Code, MCL 33.7521(f); MSA 14.15(7521)(f). We reverse and remand. -1­ Claimant’s motion for summary disposition was based upon the order of the trial court in the underlying criminal proceedings, People v Demetrius Bryant, Wayne Circuit Court Docket No. 97­ 006290, quashing the search warrant. That ruling has since been reversed by this Court on appeal. People v Demetrius Bryant, unpublished opinion per curiam of the Court of Appeals, issued December 18, 1998 (Docket No. 209869). Accordingly, the dismissal ruling in the criminal case is no longer binding. See In re Hamlet (After Remand), 225 Mich App 505, 519; 571 NW2d 750 (1997). Reversed and remanded for further proceedings consistent with this opinion and this Court’s opinion in the underlying criminal case. The stay of proceedings previously granted by this Court is dissolved. We do not retain jurisdiction. /s/ Richard Allen Griffin /s/ Mark J. Cavanagh /s/ E. Thomas Fitzgerald -2­

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