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Approximately $14,980.00 v. State

The filing of the certificate of written discovery created a presumption of service which Hermes Antonio Rodriguez successfully rebutted with evidence of non-receipt. Houston's 14th Court of Appeals, No. 14-07-00164-CV.

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Reversed and Remandedand Majority and Concurring Opinions filed June 12, 2008.

MAJORITY OPINION

This is an appeal from a seizure and forfeiture proceeding under Chapter 59 of the Texas Code of Criminal Procedure.*fn1 Following a bench trial, the trial court entered a default judgment against appellant Hermes Antonio Rodriguez,*fn2 and based on deemed admissions ordered that $14,980.00 be forfeited to the State. In six issues, appellant contends the trial court erred in not permitting him to demonstrate non-receipt of the discovery requests and in admitting the deemed admissions into evidence. We conclude the trial court erred in deciding, pursuant to a local court rule, not to consider evidence that appellant did not receive service of the requests, and we reverse the judgment of the trial court.

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