Six Thousand and Thirty Six and 00/100 Dollars ($6,036.00) in U.S. Currency and Other Items Listed on Exhibit "A" v. The State of Texas

Summary

The Thirteenth Court of Appeals of Texas held that the State failed to exercise due diligence in serving a citation for seizure and intended forfeiture after the statutory limitations period. Because the unexplained delays and incorrect service attempts did not toll limitations, the court reversed the trial court’s summary judgment for the State and rendered judgment granting the appellant’s motion for summary judgment and dismissing the forfeiture action.

Holdings

1. The State failed as a matter of law to establish due diligence in serving appellant. Unexplained and unreasonable gaps in service efforts, repeated attempts at an address already shown to be incorrect, and the absence of evidence explaining the delay prevented the limitations period from being tolled.
2. Because the State did not exercise due diligence, the limitations period was not tolled, the forfeiture action was barred, and appellant was entitled to summary judgment dismissing the cause.

Questions Presented

1. Whether the State exercised due diligence in serving appellant after service occurred outside the thirty-day limitations period for a civil forfeiture action.
2. Whether the trial court erred by granting the State's traditional motion for summary judgment when the forfeiture action was barred by limitations.

Disposition

reversed_and_remanded