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William Crispin Et Al.v.State Of Georgia

CourtCourt of Appeals of Georgia
Docket No.A21A0148
DecidedJuly 1, 2021
Reporter319 Ga. App. 525
JudgesCourt of Appeals of Georgia
Tags
CivilGovernment LawCivil ProcedurePersonal JurisdictionProperty LawReversalRemand
Case Summary

In a civil-forfeiture action, the State sought ownership of assets seized from Ashley Presnell and William Crispin. The superior court entered an order awarding the assets to the State, but the record showed that the State had never served Presnell and Crispin with process and that neither had validly acknowledged or waived service. The Court of Appeals of Georgia held that the superior court never acquired personal jurisdiction over them, making the forfeiture judgment a nullity. It reversed the order denying their motion to dismiss and the order awarding their assets to the State. Because the jurisdictional defect resolved the case, the court did not reach the parties’ other arguments.

Opinion

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