321 Ga. App. 881
Ga. Ct. App.2013Background
- State filed in rem forfeiture against $4,269 and a 2006 Ford Econoline Wagon, seized with marijuana.
- Property owners identified as Howard and Mosley; Dickerson also named.
- Mosley and Howard answered but without verification; both pro se.
- State moved for summary judgment and to dismiss for lack of verification; trial court granted dismissal and forfeiture.
- Howard and Mosley argued they should be allowed to amend to provide proper verification under OCGA 16-13-49 (o)(3) and related rules.
- Appellate court affirmed, holding failure to verify is equivalent to no answer and no right to amend was demonstrated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court err by not permitting amendment to cure verification? | Howard and Mosley argued amendments should relate back and cure defects. | State argued failure to verify warrants dismissal and forfeiture; amendment not proven forthcoming. | No error; court properly struck unverified answers. |
| Was the lack of verification per se equivalent to no answer under OCGA 16-13-49 (o)(3)? | Howard and Mosley could amend to satisfy verification requirement. | Without verification, pleadings are insufficient and subject to dismissal. | Yes; verification defect equates to no answer, warranting dismissal and forfeiture. |
Key Cases Cited
- Portee v. State of Ga., 277 Ga. App. 536 (2006) (unverified or deficient pleadings may lead to dismissal)
- Tuggle v. State of Ga., 224 Ga. App. 353 (1997) (failure to verify equivalent to no answer)
- Rojas v. State of Ga., 269 Ga. 121 (1998) (Civil Practice Act applies to forfeiture unless in direct conflict)
- Dearing v. State of Ga., 243 Ga. App. 198 (2000) (verification may be made before notary; statutory requirement)
- Jones v. State of Ga., 241 Ga. App. 768 (2000) (unverified answer properly dismissed)