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Florez v. State of Georgia

The Court vacated and remanded a default judgment entered against the defendants in a civil RICO action because the trial court entered the judgment prematurely.

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The appellants in this civil RICO action, OCGA § 16-14-1 et seq., appeal entry of default judgment against them, and, in a separate appeal, they appeal subsequent orders entered in connection with ensuing collection efforts. The record shows that on July 8, 2010, the State of Georgia filed a civil RICO action against Raymond Florez III, Gabriel Florez, EZ Pay Auto, Inc., and Club Silverado, alleging that they engaged in racketeering activity, including drug distribution and money laundering. The complaint also identified as in rem defendants certain property allegedly obtained in connection with those activities. On July 15, each defendant was served with a copy of the complaint and a summons. Each proof of service was filed in the Superior Court of Toombs County on July 26. On September 1, 2010, the State of Georgia moved for and was granted default judgment against all defendants on the ground that no defensive pleadings had been filed at that time.

A11A0929

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