State v. Southwind Auto Sales

HARDBERGER, Chief Justice.

INTRODUCTION

This appeal arises from a civil forfeiture proceeding. The State of Texas appeals a summary judgment entered in favor of Southwind Auto Sales (Southwind) as an “innocent owner,” as well as a final judgment following a bench trial entered against the State awarding Southwind $4,000 on its counterclaim brought under Article I, Section 17 of the Texas Constitution for the taking of Southwind’s vehicle. We affirm the summary judgment, reverse the final judgment on Southwind’s counterclaim, and render judgment that Southwind take nothing on its counterclaim.

FAC…