Gravley v. State

The appellant's answer was legally insufficient under O.C.G.A. § 16-13-49 o 3, since his statement that he acquired $15,402 in seized currency through employment offered no specifics regarding when, how or how much he was paid to earn money in question.

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Michael Gravley appeals from two orders of the Superior Court of Gilmer County, the final judgment condemning $15,402 in currency and the order dismissing his answer as insufficient under OCGA § 16-13-49 o 3. Gravley contends both orders are void because venue in Gilmer County was improper. He also contends the court erred in dismissing his answer. Finding no error, we affirm. On April 14, 2006, the police searched Gravley’s Gilmer County home pursuant to a warrant and found marijuana and $15,402 in cash. On April 28, 2006, the State filed a Complaint for Forfeiture In Rem. According to the complaint, the currency was on deposit in a Pickens County bank. After service was finally perfected, Gravley timely filed an answer on August 16, 2006. On August 25, 2006, the State moved to dismiss the answer as insufficient under OCGA § 16-13-49 o 3,1 and sought the entry of a final judgment pursuant to OCGA § 16-13-49 o 4.2 On September 19, 2006, Gravley filed an amended answer setting out more specifically the nature of his interest in the currency seized. On September 22, 2006, the court entered an order dismissing Gravley’s answer and a separate order entering a final judgment of condemnation and distribution.

1. Gravley contends both orders of the Superior Court of Gilmer County are void because venue3 was improper there. We do not reach the merits of Gravley’s venue argument, however, because the Gravley did not raise the defense of improper venue in his responsive pleadings, resulting in its waiver.

Gravley v. State

The appellant's answer was legally insufficient under O.C.G.A. § 16-13-49 o 3, since his statement that he acquired $15,402 in seized currency through employment offered no specifics regarding when, how or how much he was paid to earn money in question.

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