Jayme Holland v. Tennessee Department of Safety and Homeland Security

The police seized a vehicle and commenced a forfeiture proceeding.  The Tennessee Department of Safety and Homeland Security notified the vehicle owner that a forfeiture warrant for the vehicle had been issued.  And the owner filed a written claim and request for a hearing.  But before the hearing could take place, the administrative law judge granted the Department’s request for a voluntary dismissal of the forfeiture proceeding.  In a subsequent order, the administrative law judge awarded attorney’s fees to the owner under Tennessee Code Annotated § 4-5-325(a).  The Department petitioned for judicial review of the fee award.  The owner filed a motion to dismiss, arguing that the administrative decision was not final because the order did not address her request for attorney’s fees under a federal statute.  After denying the motion to dismiss, the trial court ruled that the fee award violated the state statute.  So it vacated the administrative decision.  On appeal, the owner argues that the trial court erred in denying her motion to dismiss and in ruling that the fee award violated the state statute.  We affirm.