State v. One Harley Davidson Motorcycle

Dickinson, Judge.

The state of Ohio has appealed from an order of the Wayne County Common Pleas Court that dismissed its petition for forfeiture of a Harley Davidson motorcycle. It has argued that the trial court incorrectly dismissed its petition based upon failure to prosecute without providing notice that it intended to do so. This court reverses the judgment of the trial court because it failed to afford the state the notice mandated by Civ.R. 41(B)(1).

I

The state commenced this action by filing a petition for forfeiture on February 2, 1997. By that petition, it sought forfeiture of a…