MALISSA KINCHEN v. THE STATE OF GEORGIA

• Court: Court of Appeals of Georgia
• Decided: November 21, 2022
• Docket: A23A0502
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ November 21, 2022

The Court of Appeals hereby passes the following order:

A23A0502. MALISSA KINCHEN v. THE STATE OF GEORGIA et al.

The State of Georgia filed an in rem complaint seeking forfeiture of $15,179.00 and other property, and Malissa Kinchen answered. On July 25, 2022, the trial court entered an order striking that answer, and Kinchen appeals.1 We, however, lack jurisdiction. Under OCGA § 5-6-34 (a) (1), a direct appeal may be taken from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below[.]” Here, the trial court has not entered a final order disposing of the forfeited property. See OCGA § 9-16-12 (e) (allowing state attorney to seek a default judgment where no answer filed); OCGA § 9-16-19 (governing disposition of forfeited property). Kinchen was thus required to follow the interlocutory appeal procedure in order to appeal. See OCGA § 5-6-34 (b). Her failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED. See State v. White, 354 Ga. App. 214, 216 (840 SE2d 697) (2020).

1 The same day, the trial court entered two separate orders striking answers filed by others and granting forfeiture as to Kinchen’s husband. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/21/2022 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.