In Re $70,070 in U.S. Currency

OPINION

ESPINOSA, Judge.

¶ 1 Fernando Peña challenges a trial court ruling striking his answer to a forfeiture complaint and ordering the state to proceed with an uneontested forfeiture pursuant to A.R.S. §§ 13-4314 and 13-4315. He contends the court erred when, at a hearing held prior to entry of this order, it refused to consider his motion for summary judgment and applied the wrong standard to his motion to dismiss. We vacate the court’s order and remand the case for further proceedings consistent with this decision.

Factual and Procedural Background

¶2 This case turns on procedural issues and…