McFarley v. State

BLACKBURN, Presiding Judge.

Following the dismissal of her answer in this civil forfeiture action, Eva McFarley appeals, arguing that she, as the beneficiary of an implied trust, had an equitable interest in the property subject to forfeiture and, therefore, standing to contest the forfeiture. For the reasons that follow, we affirm.

Pursuant to OCGA § 16-13-49, the State filed a civil in rem complaint for forfeiture against a 1993 Chevrolet C15 and a 1993 Cadillac Fleetwood. Both vehicles were titled in the name of McFarley’s son, Roger Lee Jackson III, who was charged with violations of the…