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STATE EX REL. HORNE v. RIVAS

No. 1 CA-CV 10-0046.

250 P.3d 1196 (2011)

STATE of Arizona ex rel. Thomas C. HORNE, Arizona Attorney General, Plaintiff/Appellant, v. Daniel RIVAS doing business as Desert Auto Collision and Danny's Auto Center; Daniel Rivas and Cecilia Rivas, husband and wife; Juan Rivas, Defendants/Appellees, and Assets as Described in Appendix One to Notice of Pending Forfeiture, Defendants in Rem.

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

March 8, 2011.

Attorney(s) appearing for the Case

Thomas C. Horne, Attorney General by Stephen C. Lepley, Assistant Attorney General, Barton J. Fears, Assistant Attorney General, Glendon D. McCarthy, Assistant Attorney General, Phoenix, Attorneys for Plaintiff/Appellant.

Quarles & Brady, LLP by David T. Barton, Eric B. Johnson, Phoenix, Attorneys for Non-Party Juan Rivas.

OPINION

IRVINE, Judge.

¶ 1 This appeal arises out of civil forfeiture proceedings initiated by the State of Arizona. The State appeals the trial court's order releasing certain seized property belonging to Juan Rivas ("Juan").1 It argues that although Juan was never provided with the required statutory notice the forfeiture was valid because he had actual knowledge of the State's forfeiture action and failed to file a timely...

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