Citation Bonding Co. v. State

Court of Appeals of Georgia

Citation Bonding Co. v. State

406 S.E.2d 289, 199 Ga. App. 868, 1991 Ga. App. LEXIS 684

CourtCourt of Appeals of Georgia

DecidedJune 5, 1991

DocketA91A0006

StatusPublished

Cited by3 cases

This text of 406 S.E.2d 289 (Citation Bonding Co. v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Citation Bonding Co. v. State, 406 S.E.2d 289, 199 Ga. App. 868, 1991 Ga. App. LEXIS 684 (Ga. Ct. App. 1991).

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Opinion

McMurray, Presiding Judge.

Following the grant of judgment absolute on a criminal bond forfeiture, Citation Bonding Company, Inc., moved to set aside the judgment pursuant to OCGA § 9-11-60 (d). The motion to set aside was denied and the bonding company brought this direct appeal. Held:

Bond forfeiture proceedings are civil in nature. State v. Slaughter, 246 Ga. 174, 176 (269 SE2d 446). Thus, if “the bond forfeited is void on its face, a motion to set aside is proper. [Cit.]” Gunsallus v. Busbee, 149 Ga. App. 109, 110 (253 SE2d 470). See also Osborne Bonding Co. v. State of Ga., 163 Ga. App. 648 (295 SE2d 577).

Pursuant to OCGA § 5-6-35 (a) (8), an appeal from an order denying a motion to set aside a judgment under subsection (d) of OCGA § 9-11-60 is discretionary and shall be made by application. It follows that this direct appeal from an order denying the bonding company’s motion to set aside judgment must be dismissed for lack of jurisdiction. N.C. Constr. Co. v. Action Mobilplatform, 187 Ga. App. 507 (370 SE2d 800).

Appeal dismissed.

Sognier, C. J., and Andrews, J., concur.

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