$31,400.00 v. State

In this forfeiture case, the trial court granted the claimant’s motion for summary judgment for, among other things, the State’s failure to request a hearing within 30 days of claimant’s answer, as formerly required by Tex.Rev.Civ.Stat.Ann. art. 4476-15, § 5.07(a), Act of May 28, 1973, 63rd Leg., R.S., ch. 429, 1973 Tex.Gen. Laws 1132, 1161, as amended, Act of May 25, 1985, 69th Leg., R.S., ch. 227, § 13, 1985 Tex.Gen.Laws 1102, 1124. The court of appeals reversed the judgment and remanded the cause for a trial on the merits, stating that “[bjecause section 5.07(a) was directory and not…