DILLARD, Judge.
In this in rem forfeiture action, the Superior Court of Ben Hill County struck the respective answers of Eulene Morgan, Vicky Daniels, Robbie Craddock, and Ashley Spikes (collectively "appellants"), which were filed in response to the State's complaint for forfeiture, and entered a judgment and order of forfeiture. On appeal, the appellants contend, inter alia, that the trial court erred in striking their answers. For the reasons set forth infra, we affirm in part, reverse in part, and remand the case for further proceedings consistent with this opinion.
The record shows that on June 7, 2012, Gerald Morgan was arrested and charged with the sale of methamphetamine, possession of methamphetamine with intent to distribute, use of communications facilities to violate the Georgia Controlled Substances Act, possession of tools for the commission of a crime, and possession of a firearm by a convicted felon.
On June 21, 2012, the State filed a verified in rem complaint for forfeiture of the currency and other items of property, including, inter alia, a 2005 Dodge Ram 1500 pickup truck, a 2001 Jaguar 4S, a 2003 BMW 328, two utility trailers, a Husqvarna zero-turn riding lawn mower, one Panasonic and one Mitsubishi flat-screen television, a credit-card reader, a security monitor with two cameras, a pistol, and two air rifles. Service of the complaint upon Gerald Morgan
On September 26, 2012, Eulene Morgan (Gerald Morgan's mother), Vicky Daniels, Robbie Craddock, and Ashley Spikes filed separate claims, contending that they were owners of some of the property items listed in the State's forfeiture complaint. But nearly one month later, the State filed a motion to dismiss appellants' pleadings, arguing that none of their claims sufficiently complied with the statutory requirements for filing an answer to a forfeiture complaint. Shortly thereafter, the trial court scheduled a hearing for October 30, 2012, on the State's motion.
Prior to the October 30 hearing, the appellants did not file a response to the State's motion but, rather, filed a collective amendment to their pleadings. And during the hearing,
On November 5, 2012, all of the appellants, except for Spikes, filed amended answers, in which they again asserted claims to some of the property listed in the forfeiture complaint. However, on November 27, 2012, the court granted the State's motion to dismiss, finding that all of the appellants' answers failed to comply with the requirements of OCGA § 16-13-49(o)(3). And although the court did not specify which requirements the appellants failed to fulfill, it nevertheless ruled that the matter was, therefore, in default. Accordingly, the court further ruled that all of the property was subject to forfeiture. This appeal follows.
At the outset, we note that on appeal from a civil-forfeiture proceeding, "we construe the evidence in a manner that supports the judgment below."
Appellants contend, inter alia, that the trial court erred in dismissing their respective answers to the State's forfeiture complaint.
Under Georgia law, the sufficiency of an answer to a forfeiture petition "must be judged in light of the specific statutory requirements."
And as we have previously noted, "[t]he intent of the General Assembly when it enacted OCGA § 16-13-49 was twofold: to protect the interest of innocent property owners and to provide for prompt disposition of contraband property."
1. Eulene Morgan. Applying the requirements of OCGA § 16-13-49(o)(3), we conclude that the answer filed by Eulene Morgan was sufficient. Specifically, her answer claimed that she was the owner of the 2005 Dodge Ram 1500 pickup truck and the Husqvarna zero-turn riding lawn mower. Morgan's answer also provided the caption of the proceedings as set forth in the complaint and her name; the address at which she accepts mail; the nature and extent of her interest in the property; the date, identity of transferors, and circumstances of her acquisition of the property; that she was an innocent owner under OCGA § 16-13-49(e)(1)(B)
2. Vickey Daniels. We also conclude that the answer filed by Vickey Daniels, in which she claims ownership of one of the homemade utility trailers and the Mitsubishi flat-screen television, is likewise sufficient. Her answer provided the caption of the proceedings as set forth in the complaint and her name; the address at which she accepts mail; the nature and extent of her interest in the property; the date, identity of transferor, and circumstances of her acquisition of the property; the essential facts supporting her assertions; and the relief she sought. And although she improperly relies on OCGA § 16-13-49(o) in asserting that the claimed property was not subject to forfeiture, her answer, nevertheless, states "facts required to establish herself as an innocent owner under subsection (e)."
3. Robbie Craddock. Similarly, we find that Robbie Craddock's answer, which claims ownership of the 2003 BMW 328, is sufficient. His answer provided the caption of the proceedings as set forth in the complaint and his name; the address at which he accepts mail; the nature and extent of his interest in the vehicle; the date, identity of transferor, and circumstances of his acquisition of the vehicle; the essential facts supporting his assertions; and the relief sought.
4. Ashley Spikes. Finally, we conclude that the trial court did not err in finding that Ashley Spikes's answer was insufficient. In her answer, Spikes claimed ownership of one of the utility trailers, the Panasonic flat-screen television, the credit-card reader, the security monitor with two cameras, the pistol, and the two air rifles. She also provided her address and approximate dates of her acquisition of the property items and generally asserted innocent ownership. However, Spikes's answer does not identify the transferor or specify the circumstances of her acquisition for any of the items of property. Furthermore, she asserts almost no specific facts of ownership and, instead, asserts merely conclusory allegations. Given these circumstances, Spikes's answer was insufficient, and the trial court did not err in dismissing it.
In summary, we hold that the trial court erred in dismissing the answers of Eulene Morgan, Vicky Daniels, and Robbie Craddock but that it did not err in dismissing the answer of Ashley Spikes. And having reached these conclusions, we pause to remind our trial courts of the serious constitutional rights and liberties at stake in civil-forfeiture proceedings.
Accordingly, for all of the foregoing reasons, we affirm the dismissal of Ashley Spikes's answer, reverse the dismissal of Eulene Morgan, Vicky Daniels, and Robbie Craddock's answers, and remand the case to the trial court for further proceedings consistent with this opinion.
ANDREWS, P.J., and McMILLIAN, J., concur.