Porter v. State of Georgia

Full title: PORTER v. STATE OF GEORGIA

Court: Court of Appeals of Georgia

Date published: Jun 19, 1990

395 S.E.2d 360 (Ga. Ct. App. 1990)

395 S.E.2d 360

Opinion

A90A1200.

DECIDED JUNE 19, 1990.

Condemnation. Gwinnett Superior Court. Before Judge Jackson.

James Booker, for appellant.

Thomas C. Lawler III, District Attorney, Daniel J. Porter, Debra K. Turner, Assistant District Attorneys, for appellee.

DEEN, Presiding Judge.

A 1977 Oldsmobile Cutlass automobile and $1,355 in cash were seized from appellant pursuant to a violation of the Georgia Controlled Substances Act. The state filed a petition for condemnation of the vehicle and the cash, and it was served on October 5, 1989. An announcement of the condemnation was also published in the Gwinnett Daily News within 30 days from the filing of the petition. Appellant did not answer the petition until 48 days after its filing and 22 days after its service. The trial court held a hearing, found appellant's answer was not timely filed, and granted the state's petition for condemnation. Porter appeals.

1. OCGA § 16-13-49 (c) does not violate the Equal Protection and Due Process Clauses of the United States Constitution. Tant v. State, 247 Ga. 264, 265 ( 275 S.E.2d 312) (1981).

2. As appellant failed to raise the defense of failure to achieve personal service in his answer or any subsequent motion, he waived his right to raise the issue of jurisdiction. OCGA § 9-11-12 (h).

Judgment affirmed. Pope and Beasley, JJ., concur.

DEEN, Presiding Judge.

DECIDED JUNE 19, 1990.