State v. Crowder

Full title: STATE OF GEORGIA v. CROWDER. CROWDER v. STATE OF GEORGIA.

Court: Court of Appeals of Georgia

Date published: Dec 3, 2020

357 Ga. App. 864 (Ga. Ct. App. 2020)

852 S.E.2d 317

Opinion

A18A2113 A18A2114

12-03-2020

STATE of Georgia v. CROWDER; and vice versa.

Tracy Graham Lawson, District Attorney, Elizabeth A. Baker, Tiffany C. Boulware, Yolanda M. Mckenney, Assistant District Attorneys, for State of Georgia. Glenn A. Loewenthal ; Jimmy D. Berry, for Crowder.

Dillard, Presiding Judge.

Tracy Graham Lawson, District Attorney, Elizabeth A. Baker, Tiffany C. Boulware, Yolanda M. Mckenney, Assistant District Attorneys, for State of Georgia.

Glenn A. Loewenthal ; Jimmy D. Berry, for Crowder.

Dillard, Presiding Judge. Following a bench trial in this in rem civil forfeiture action, the Superior Court of Clayton County awarded James L. Crowder $46,820 in United States currency that law enforcement officers seized from his daughter as she attempted to board a flight leaving Hartsfield-Jackson International Airport. In State of Georgia v. Crowder ,¹ we held that Crowder's answer to the State's complaint failed to comply with the statutory pleading requirements for forfeiture actions, and, thus, we reversed the trial court's contrary ruling.² Additionally, in Crowder's cross-appeal, we affirmed the trial court's ruling that the State sufficiently effected service of process upon Crowder via publication.³

1 348 Ga. App. 850, 823 S.E.2d 384 (2019).

2 See id. at 854-55 (1), 823 S.E.2d 384.

3 See id. at 856-57 (2), 823 S.E.2d 384.

However, in Crowder v. State of Georgia ,⁴ the Supreme Court of Georgia reversed our holdings, directing that the case be remanded for the trial court to address Crowder's claim that the State's service by publication did not satisfy due process⁵ and to rule on the State's motion for a more definite statement before determining whether to dismiss Crowder's answer.⁶ Accordingly, we adopt the judgment of the Supreme Court of Georgia as our own, vacate the trial court's ruling as to these issues, and remand the case to the trial court for further proceedings consistent with the Supreme Court of Georgia's opinion.

4 309 Ga. 66, 844 S.E.2d 806 (2020).

5 See id. at 74 (2) (d), 844 S.E.2d at 813 (3) (d).

6 See id. at 74-75 (3), 844 S.E.2d at 813-14 (4).
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Judgment vacated in Case Nos. A18A2113 and A18A2114, and cases remanded with direction.

Doyle, P. J., and Mercier, J., concur.