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STATE v. $4097 IN U.S. CURRENCY

No. 2-88-213-CV.

773 S.W.2d 674 (1989)

STATE of Texas Appellant, v. $4097 IN U.S. CURRENCY and 1980 GMC P/U VIN TCZ14AS507291 Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied August 10, 1989.

Attorney(s) appearing for the Case

Tim Curry, Crim. Dist. Atty., and Betty Stanton, Asst. Crim. Dist. Atty., Fort Worth, for appellant.

Jack W. Beech and Brett D. Boone, Fort Worth, for appellees.

Before HILL, LATTIMORE and MEYERS, JJ.

OPINION

MEYERS, Justice.

The question is whether the language in the Controlled Substance Act which provides a hearing on a forfeiture case shall be set within thirty days of the filing of an answer is directory or mandatory. Because we find the word "shall" is mandatory, we affirm the dismissal of the forfeiture proceeding for failure to set a hearing within the prescribed time limit.

The State of Texas...

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