State of Ga. v. Vurgess

Appellee successfully resisted the State’s libel to condemn his funds under the provisions of OCGA § 16-13-49. The trial court’s order, valid on its face, dismissed the State’s action. While it is true, as the majority points out, that there is no requirement in the condemnation statute nor in the Appellate Procedure Act for the losing party to file the notice of appeal immediately upon the entry of judgment, neither is there a requirement in either statute that the prevailing party wait 30 days after entry of judgment to enforce it. OCGA § 9-11-62 (a). I agree that there was a violation of…