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GAMES-NEELY v. REAL PROPERTY

No. 29999.

565 S.E.2d 358 (2002)

211 W.Va. 236

Pamela Jean GAMES-NEELY, Prosecuting Attorney of Berkeley County, West Virginia, on Behalf of the WEST VIRGINIA STATE POLICE, Petitioner Below, Appellee, v. REAL PROPERTY, INCLUDING A BRICK RANCH HOUSE AND GARAGE, COMMONLY KNOWN AS 1175 SAM MASON ROAD LOCATED IN MILL CREEK DISTRICT OF BERKELEY COUNTY, WV MAP 13, PARCEL 32, LIBRE 237, FOLIO AND BOOK 635, Respondent Below, Hattie Sowers, Appellant.

Supreme Court of Appeals of West Virginia.

Decided February 22, 2002.

Dissenting Opinion of Justice Maynard May 21, 2002.

Concurring Opinion of Justice Starcher July 3, 2002.

Attorney(s) appearing for the Case

Christopher C. Quasebarth, Assistant Prosecuting Attorney, Martinsburg, for Appellee.

Kevin D. Mills, Law Office of Kevin D. Mills, Martinsburg, for Hattie Sowers.

ALBRIGHT, Justice.

Hattie Sowers appeals from the January 4, 2001, order of the Circuit Court of Berkeley County, denying her motion to set aside a default judgment order previously entered against her. As a result of the default judgment order, the Appellant's home was forfeited to the State of West Virginia pursuant to the West Virginia Contraband Forfeiture Act (the "Forfeiture Act"), West Virginia Code §§...

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