Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

PORTER v. STATE OF GEORGIA.

DEEN, Presiding Judge.

A 1977 Oldsmobile Cutlass automobile and $1,355 in cash were seized from appellant pursuant to a violation of the Georgia Controlled Substances Act. The state filed a petition for condemnation of the vehicle and the cash, and it was served on October 5, 1989. An announcement of the condemnation was also published in the Gwinnett Daily News within 30 days from the filing of the petition. Appellant did not answer the petition until 48 days after its filing and 22 days after its service. The trial court held a hearing, found appellant's answer was not timely filed, and granted the state's petition for condemnation. Porter appeals.

1. OCGA § 16-13-49 (c) does not violate the Equal Protection and Due Process Clauses of the United States Constitution. Tant v. State, 247 Ga. 264, 265 ( 275 S.E.2d 312) (1981).

2. As appellant failed to raise the defense of failure to achieve personal service in his answer or any subsequent motion, he waived his right to raise the issue of jurisdiction. OCGA § 9-11-12 (h).

Judgment affirmed. Pope and Beasley, JJ., concur.

DEEN, Presiding Judge.

DECIDED JUNE 19, 1990.
Use AI to get other relevant cases.

Comments

PORTER v. STATE OF GEORGIA
(Jun 19, 1990)