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IN RE $47,611,31

No. 1 CA-CV 98-0180.

992 P.2d 1 (1999)

196 Ariz. 1

In the Matter of FORTY-SEVEN THOUSAND SIX HUNDRED ELEVEN DOLLARS AND THIRTY-ONE CENTS(47,611.31) U.S. CURRENCY. State of Arizona, Appellee, v. Sarah Counterman and Gyro Counterman, Claimants-Appellants.

Court of Appeals of Arizona, Division 1, Department A.

Review Denied October 26, 1999.

Attorney(s) appearing for the Case

Charles R. Hastings, Yavapai County Attorney by Thomas M. Stoxen, Deputy County Attorney, Prescott, Attorneys for Appellee.

Ray & Adair, P.L.L.C. by C. Kenneth Ray, II, Prescott, Attorneys for Appellants.

OPINION

GRANT, Judge.

¶ 1 The Claimants-Appellants ("Countermans") in this civil in rem forfeiture proceeding argue that the trial court erred in determining that their claim was not timely filed. We hold that Rule 6(e) of the Arizona Rules of Civil Procedure gives the Countermans five additional days to file a claim when the State gives them notice of the pending forfeiture by mail.

FACTS AND PROCEDURAL HISTORY

¶ 2 On...

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