Legal Opinion
State v. $8,353.00 U.S. Currency
Texas Court of Appeals, 3rd District (Austin)
Decided May 8, 1991No. 03-90-00140-CVPublishedCited by 5 opinions
1Opinion of the Court
ABOUSSIE, Justice.
The State appeals from an order of dismissal in a forfeiture proceeding brought under the former provisions of the Texas Controlled Substances Act. 1 The trial court found that the State failed to request a hearing within the thirty-day period mandated by the Act, dismissed the suit with prejudice, and ordered the return of funds to the claimant. We must decide whether the State’s failure to request a hearing within thirty days deprived the district court of its jurisdiction over the dispute. We will reverse the judgment and remand the cause.
On April 6, 1989, the Austin…
2Cases cited16 opinions
- Mingus, Receiver v. WadleyTexas Supreme Court · 1926
- Eichelberger v. EichelbergerTexas Supreme Court · 1979
- Lewis v. Jacksonville Building & Loan Ass'nTexas Supreme Court · 1976
- Armadillo Bail Bonds v. StateCourt of Criminal Appeals of Texas · 1991
- Thomas v. GroeblTexas Supreme Court · 1948
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. $435,000.00Texas Supreme Court · 1992
- $80,631.00 v. StateCourt of Appeals of Texas · 1992
- $8,353.00 U.S. Currency v. StateTexas Supreme Court · 1992
- Autry v. AutryCourt of Appeals of Texas · 1992
- State v. TurnerCourt of Criminal Appeals of Texas · 1995