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State of Georgia v. Crowder

In Rem Forfeiture Complaint May Be Served By Publication When Interest Holder Resides Out of State

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Dillard, Presiding Judge. Following a bench trial in this in rem civil forfeiture action, the Superior Court of Clayton County awarded James L. Crowder $46,820 in U.S. currency that law enforcement officers seized from his daughter as she attempted to board a flight leaving Hartsfield-Jackson International Airport. In State of Georgia v. Crowder,[1] we held that Crowder’s answer to the State’s complaint failed to comply with the statutory pleading requirements for forfeiture actions, and, thus, we reversed the trial court’s contrary ruling.[2] Additionally, in Crowder’s cross-appeal, we affirmed the trial court’s ruling that the State sufficiently effected service of process upon Crowder via publication.[3] However, in Crowder v. State of Georgia,[4] the Supreme Court of Georgia reversed our holdings, directing that the case be remanded for the trial court to address Crowder’s claim that the State’s service by publication did not satisfy due process[5] and to rule on the State’s motion for a more definite statement before determining whether to dismiss Crowder’s answer.[6] Accordingly, we adopt the judgment of the Supreme Court of Georgia as our own, vacate the trial court’s ruling as to these issues, and remand the case to the trial court for further proceedings consistent with the Supreme Court of Georgia’s opinion. Judgment vacated in Case Nos. A18A2113 and A18A2114, and both cases remanded with direction. Doyle, P. J., and Mercier, J., concur.

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