ALLY FINANCIAL v. TENNESSEE DEPARTMENT OF SAFETY & HOMELAND SECURITY - Articles

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Posted by: Landry Butler on Jan 10, 2018

Head Comment: The correction is on page 11, paragraph 1, line 11, in the original opinion it reads... early as April 4, 2104. The correction reads as ...early as April 4, 2014.

Court: TN Court of Appeals

Attorneys 1:

Herbert H. Slatery, III, Attorney General and Reporter; Andre´e S. Blumstein, Solicitor General, Linda D. Kirklen, Assistant Attorney General, for the appellant, Tennessee Department of Safety and Homeland Security.

Attorneys 2:

Todd H. Hancock, Nashville, Tennessee, for the appellee, Ally Financial.

Judge(s): STAFFORD

The Tennessee Department of Safety and Homeland Security forfeited a finance company’s interest in a vehicle after determining that the finance company failed to timely file a claim to contest the forfeiture after receiving notice. The finance company thereafter filed a petition for judicial review. The trial court reversed the forfeiture on the basis that the Tennessee Department of Safety and Homeland Security failed to prove that it sent proper notice to the finance company. We vacate the judgment of the trial court and remand for further proceedings before the administrative agency.