On January 15, 1986, pursuant to a search warrant, a detective of the Chatham County Police Department searched an apartment and seized stolen goods, drugs and $7,442 in cash. On February 20, the state petitioned to condemn the money pursuant to OCGA § 16-13-49. The money was claimed to belong to appellee Frank Vurgess. After a bench trial, the court entered judgment on July 31 for appellee and dismissed the petition.
Four days later appellee’s attorney obtained the money from the custodian, based on the order. The state filed its notice of appeal on August 28. Appellee has moved this court to dismiss the appeal as *545moot.
1. The first question is whether the appeal from dismissal of the state’s action for condemnation of money seized in a drug search must be dismissed because the state failed “to obtain a supersedeas” prior to the custodian’s paying out the money to defendant.
The condemnation proceeding provided for in OCGA § 16-13-49 is civil in nature. It resolves the disposition of property seized in connection with the enforcement of the criminal laws concerning controlled substances and marijuana. The statute is silent as to the mechanics of appeal when either the state or the defendant in the underlying criminal case or any other party to the proceeding is dissatisfied with the ruling of the trial court.
The law provides a right of appeal generally. OCGA § 5-6-33. It is taken by filing a notice of appeal within 30 days after entry of the appealable decision or judgment. OCGA § 5-6-38. The Appellate Practice Act, which the court applies in this case, provides that the notice of appeal shall serve as supersedeas on payment of costs, and a supersedeas bond is not necessary unless the appellee moves for one; then the trial court must set the amount. OCGA § 5-6-46 (a).
By enforcing the trial court’s order of dismissal at once rather than waiting for the 30-day appeal period to expire, appellee has sought to deprive the state of its right of appeal. There is no requirement in the condemnation statute nor in the Appellate Practice Act for the losing party to file the notice of appeal immediately upon the entry of the judgment or suffer the possibility of mootness. Nor is there a requirement that a stay be obtained or a bond be posted while the losing party decides whether to appeal. Even where a supersedeas bond is required but not posted, the severe sanction of dismissal is not in order. Hawn v. Chastain, 246 Ga. 723 (273 SE2d 135) (1980).
As there said: “The cases uniformly hold that the failure to post a supersedeas bond neither mandates nor permits dismissal of an appeal but simply allows the prevailing party (the appellee) to enforce the judgment pending appeal. As noted in Defee v. Williams, 114 Ga. App. 571, 572 (151 SE2d 923) (1966): ‘The proviso . . . requiring a supersedeas bond on motion of an appellee to the trial court is intended to prevent the notice of appeal from serving as a supersedeas, and does not operate as a condition precedent to deprive an appellant of his right to have his appeal transmitted to the appellate court for review. In the absence of such bond as may be required by the appropriate court the appellee is free to enforce the judgment at his peril pending decision on appeal.’ ” Id. at 725.
If dismissal for failure to post a supersedeas bond which has been ordered is not warranted and the right of review remains unaffected, then certainly this ultimate sanction is not justified when a losing party in a drug-related forfeiture proceeding fails to take affirmative *546action to prevent enforcement of the complained-of judgment prior to the expiration of the 30-day period for filing a notice of appeal. The result of the prevailing party’s enforcement before the time expires is the assumption of the risk that the property may have to be returned, after the appeal is heard on its merits.
Cases which were regarded as mooted on appeal involved injunctive action regarding events which then transpired before the appeals were heard. In those instances there is a statutory requirement for the complaining party to take affirmative action to prevent mootness. OCGA § 9-11-62.
It appears also that, if we consider the evidence submitted with the motion to dismiss, appellee violated OCGA § 9-11-62 (a). It provides that no proceedings shall be taken for the enforcement of a judgment until after 10 days from its entry. Appellee obtained the money from the custodian four days after judgment was entered.
Finally, what type of a “supersedeas” the movant claims is missing is hard to discern, since even if the state were required to secure a stay, it would not be required to post a bond, obligation, or other security. OCGA § 9-11-62 (d).
The motion to dismiss is denied.
2. The first enumeration is that the court erred in failing to dismiss the answer of appellee as untimely. It was filed 48 days after the filing of the condemnation action, whereas the statute requires it to be filed in 30 days. OCGA § 16-13-49 (e). The answer was too late and the funds should have been condemned. Farley v. State of Ga., 180 Ga. App. 694 (1) (350 SE2d 263) (1986).
3. The remaining enumerations thus become moot.
Judgment reversed.
Birdsong, C. J., Deen, P. J., McMurray, P. J., Banke, P. J., Carley and Pope, JJ., concur. Deen, P. J., also concurs specially. Sognier and Benham, JJ., dissent.