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IN RE $70,070 IN U.S. CURRENCY

No. 2 CA-CV 2014-0013.

335 P.3d 545 (2014)

In re $70,070 IN U.S. CURRENCY.

Court of Appeals of Arizona, Division 2.

September 30, 2014.

Attorney(s) appearing for the Case

Law Office of Robert Louis Murray, By Robert Louis Murray, Tucson, Counsel for Appellant.

M. Lando Voyles, Pinal County Attorney, By Craig Cameron, Deputy Pinal County Attorney, Florence, Counsel for Appellees.

Judge ESPINOSA authored the opinion of the Court, in which Presiding Judge MILLER and Chief Judge ECKERSTROM concurred.

OPINION

ESPINOSA, Judge.

¶ 1 Fernando Peña challenges a trial court ruling striking his answer to a forfeiture complaint and ordering the state to proceed with an uncontested forfeiture pursuant to A.R.S. §§ 13-4314 and 13-4315. He contends the court erred when, at a hearing held prior to entry of this order, it refused to consider his motion for summary judgment and applied the wrong standard to his motion to dismiss. We vacate the court...

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