RICHARD KOLASINSKI v. TENNESSEE DEPARTMENT OF SAFETY AND HOMELAND SECURITY, ET AL. - Articles

All Content


Posted by: Amelia Ferrell Knisely on Jan 4, 2016

Court: TN Court of Appeals

Attorneys 1:

Justin A. Gee, Memphis, Tennessee, for the appellant, Richard Kolasinski.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; Andrée S. Blumstein, Solicitor General; and Brooke K. Schiferle, Assistant Attorney General, for the appellee, Tennessee Department of Safety and Homeland Security.

Judge(s): MCBRAYER

Police seized a vehicle and commenced forfeiture proceedings. The Tennessee Department of Safety and Homeland Security mailed notices of the forfeiture proceedings to the driver and the owner of the vehicle, but the postal service returned the notices undelivered. When no petition was filed asserting a claim to the vehicle, the Department entered an order of forfeiture. After learning of the order of forfeiture, the owner of the vehicle filed a petition for judicial review, but because the petition was filed sixty-one days after the entry of the order of forfeiture, the trial court dismissed the petition for lack of subject matter jurisdiction. We affirm.