IN RE U.S. CURRENCY IN AMOUNT OF $26,980.00

No. 2 CA-CV 97-0119.

973 P.2d 1184 (1998)

193 Ariz. 427

In re UNITED STATES CURRENCY IN THE AMOUNT OF $26,980.00

Court of Appeals of Arizona, Division 2, Department B.

Review Denied March 23, 1999.


Attorney(s) appearing for the Case

Barbara LaWall, Pima County Attorney By Thomas J. Rankin, Tucson, for Appellant State of Arizona.

John D. Kaufmann, Tucson, for Claimant/Appellee.

Grant Woods, The Attorney General By Cameron H. Holmes, Phoenix, for Amicus Curiae State of Arizona.


OPINION

PELANDER, Presiding Judge.

¶ 1 In this civil in rem forfeiture action, the state appeals from the trial court's summary judgment in favor of claimant Beverly Gilbert. We reverse and remand.

BACKGROUND

¶ 2 Gilbert stipulated that all of the factual allegations in the state's forfeiture complaint were true for purposes of her summary judgment motion. Although the facts are undisputed, we view them and reasonable...

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