Credit: Andrii Yalanskyi/Adobe Stock State Appellate Court: 'Trial Court Never Had Jurisdiction' in $400,000 Forfeiture Matter, State Failed to Comply With Attempt to Serve Process
"Wharton's address was obviously known because the State mailed a summons to Wharton's address in Georgia," Judge Anthony N. Lawrence wrote in the appellate court's opinion. "[But] because the State attempted service of process by certified mail but never received or filed a return receipt indicating Wharton had been served and never received or filed the envelope marked 'refused,' the State never completed service of process on Wharton as required in Rule 4(c)(5)."
October 12, 2022 at 06:41 PM
5 minute read
Civil Procedure
The Mississippi Appellate Court reversed and remanded a lower court's ruling that issued a default judgment against a man who had more than $400,000 seized by police, finding the state failed to comply with civil procedure rules in its attempt to serve process.
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