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State Of Georgiav.Sherry Hatcher Et Al.

CourtCourt of Appeals of Georgia
Docket No.A21A0117
DecidedJune 30, 2021
Reporter280 Ga. App. 785
JudgesCourt of Appeals of Georgia
Tags
CivilGovernment LawCivil ProcedureProperty LawStatutory InterpretationReversalRemand
Case Summary

After police seized a truck during a drug investigation, the State filed a civil-forfeiture complaint. The owner failed to answer within the statutory period, but the trial court opened the automatic default and denied the State’s forfeiture request. The Court of Appeals of Georgia reversed. It held that the record contained no facts establishing excusable neglect sufficient to open the default after the relevant period had expired. The court also reversed the order denying forfeiture and remanded for entry of a default judgment, a determination of the forfeiture, and any further proceedings required by law. Because that ruling resolved the appeal, the court did not address the State’s remaining argument.

Opinion

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