Allied Fidelity Insurance Co. v. State

District Court of Appeal of Florida

Allied Fidelity Insurance Co. v. State

441 So. 2d 1159, 1983 Fla. App. LEXIS 24218

CourtDistrict Court of Appeal of Florida

DecidedNovember 22, 1983

DocketNo. 83-864

StatusPublished

This text of 441 So. 2d 1159 (Allied Fidelity Insurance Co. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Allied Fidelity Insurance Co. v. State, 441 So. 2d 1159, 1983 Fla. App. LEXIS 24218 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

Since the bail bond in question was written prior to October 1, 1982, the amendments to Sec. 903.28 which became effective on that date are not applicable. Accredited Surety and Casualty Co., Inc. v. State, 383 So.2d 308 (Fla. 2d DCA 1980) (bail bond is contract); Lumbermens Mutual Casualty Co. v. Ceballos, 440 So.2d 612 (Fla. 3d DCA 1983) (statute in effect when contract is entered into controls). Under the thus-controlling prior version of the statute, Sec. 903.28, Fla.Stat. (1981), the trial court correctly denied the surety’s motion for remission. Crompton v. State, 78 So.2d 692 (Fla.1955); Leach v. State, 293 So.2d 77 (Fla. 1st DCA 1974).

Affirmed.

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PER CURIAM.

Since the bail bond in question was written prior to October 1, 1982, the amendments to Sec. 903.28 which became effective on that date are not applicable. Accredited Surety and Casualty Co., Inc. v. State, 383 So.2d 308 (Fla. 2d DCA 1980) (bail bond is contract); Lumbermens Mutual Casualty Co. v. Ceballos, 440 So.2d 612 (Fla. 3d DCA 1983) (statute in effect when contract is entered into controls). Under the thus-controlling prior version of the statute, Sec. 903.28, Fla.Stat. (1981), the trial court correctly denied the surety’s motion for remission. Crompton v. State, 78 So.2d 692 (Fla.1955); Leach v. State, 293 So.2d 77 (Fla. 1st DCA 1974).

Affirmed.

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441 So. 2d 1159, 1983 Fla. App. LEXIS 24218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allied-fidelity-insurance-co-v-state-fladistctapp-1983.

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