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Ramirez-Ramirez v. State

The defendant's appeal in a forfeiture action was untimely, and the Court dismissed the appeal based on lack of jurisdiction.

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This case arises from a forfeiture action filed by the State on September 25, 2014, pursuant to former OCGA § 16-13-491 against $2,670 U. S. Currency, a 2007 Chevrolet Silverado, a Highpoint .380 caliber handgun with magazine and ammunition, and real property at 7356 Merlin Way, Riverdale, Georgia. Juan Ramirez-Ramirez, the owner of the property, appeals from the trial court’s denial of his motion for new trial after it granted the State’s motion for default judgment, motion for judgment on the pleadings, and to strike Ramierez-Ramirez’s answer omnibus motion. For the reasons that follow, we dismiss the appeal.

The record shows that after a drug seizure from Ramirez-Ramirez’s vehicle and home, the State filed the instant forfeiture action on September 25, 2014. Ramirez-Ramirez filed an answer to the forfeiture petition on November 3, 2014. On December 1, 2014, the State filed its omnibus motion. On December 23, Rameriz-Ramirez filed a response to the State’s motion, arguing that he had attempted to file a pro se answer to the petition during the 30-day period, but the answer was returned to him at the jail, and his attorney had not been able to get a notary to the jail in order to prepare a verification for the November 3 answer. Thereafter, on December 30, Ramirez-Ramirez amended his answer, which included a verification. On February 26, 2015, the State filed a motion to continue for good cause the 60-day statutory period in which to hold a hearing on its petition pursuant to former OCGA § 16-13-49 o 5, asking that the court grant a continuance until April 30 to hold a hearing.

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