State Appellate Court: 'Trial Court Never Had Jurisdiction' in $400,000 Forfeiture Matter, State Failed to Comply With Attempt to Serve Process
“Wharton’s address was obviously known because the State mailed a summons to Wharton’s address in Georgia,” Judge Anthony N. Lawrence wrote in the appellate court’s opinion. “[But] because the State attempted service of process by certified mail but never received or filed a return receipt indicating Wharton had been served and never received or filed the envelope marked ‘refused,’ the State never completed service of process on Wharton as required in Rule 4(c)(5).”
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