Credit: Andrii Yalanskyi/Adobe Stock Miss. Appellate Court Reverses Lower Court's Ruling in Ga. Man's $400K Forfeiture Matter
"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 13, 2022 at 06:41 PM
5 minute read
The original version of this story was published on Law.com
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.
The appellate court voided the decision by the Rankin County Circuit Court and granted Chris Wharton's motion to set aside a default judgment because the state did not follow Rule 4 of the Rules of Civil Procedure, according to the opinion filed Tuesday.
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