State of Georgia v. James Lamar Crowder ( 2020 )

FOURTH DIVISION
DILLARD, P. J.,
DOYLE, P. J. and MERCIER, J.
NOTICE: Motions for reconsideration must be
physically received in our clerk’s office within ten
days of the date of decision to be deemed timely filed.
https://www.gaappeals.us/rules
DEADLINES ARE NO LONGER TOLLED IN THIS
COURT. ALL FILINGS MUST BE SUBMITTED WITHIN
THE TIMES SET BY OUR COURT RULES.
December 3, 2020
In the Court of Appeals of Georgia
A18A2113. STATE OF GEORGIA v. CROWDER.
A18A2114. CROWDER v. STATE OF GEORGIA.
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
1
348 Ga. App. 850 (823 SE2d 384) (2019).
2
See id. at 854-55 (1).
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
process5 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.
3
See id. at 856-57 (2).
4
___ Ga. ___ (844 SE2d 806) (2020).
5
See id. at ___ (3) (d) (844 SE2d at 813 (3) (d)).
6
See id. at ___ (4) (844 SE2d at 813-14 (4)).
2