Erie Cty. Drug Task Force v. Essian

Full title: ERIE COUNTY DRUG TASK FORCE, Appellant, v. ESSIAN et al., Appellees

Court: Court of Appeals of Ohio, Sixth District, Erie County

Date published: Aug 21, 1992

Facts

In January 1991, appellees tendered their guilty pleas to felony drug charges. The pleas were subsequently accepted, and sentencing was set for May 1991.

On March 14, 1991, the trial court scheduled a hearing on the petition to forfeit the Oldsmobile for April 5, 1991. The record does not reveal what took place on April 5. However, on April 25, the appellant and appellees jointly moved to continue the hearing to a later date to allow for the briefing of the issues raised in the appellees’ motion to dismiss. The parties stipulated, and the court ordered, that appellees were not waiving any defense that had been available to them on April 5, 1991.

Issue

Decision

On consideration whereof, the court finds that substantial justice has been done to the party complaining. The judgment of the Erie County Court of Common Pleas is affirmed. It is ordered that the appellant pay the court costs of this appeal.

Judgment affirmed.

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