State Ex Rel. Oberrender v. Coleman

Supreme Court of Florida

State Ex Rel. Oberrender v. Coleman

7 So. 2d 1, 149 Fla. 720, 1942 Fla. LEXIS 867

DecidedMarch 17, 1942

StatusPublished

This text of 7 So. 2d 1 (State Ex Rel. Oberrender v. Coleman) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State Ex Rel. Oberrender v. Coleman, 7 So. 2d 1, 149 Fla. 720, 1942 Fla. LEXIS 867 (Fla. 1942).

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Opinion

TERRELL, J.:

Plaintiff in error was taken in custody by the Sheriff of Dade County and is being held for default in giving an appearance bond in the sum of $1500. He tendered a bond executed by two limited surety companies in the sum of $500 each and in addition thereto $500 in cash making a total bond in the sum required. This was refused on the theory that limited surety companies were inhibited from executing bonds in excess of $500.

In refusing to approve such a bond, the Court below committed error. A bond in the sum of $1500 is fully protected by $500 in cash and a bond executed by two limited surety companies in which their liability is fixed in the sum of $500 each. To deny such a bond is tantamount to the denial of bail as guaranteed by the State and Federal Constitutions. There can be no objection to each surety limiting itself to the amount for which it becomes surety under the law.

Reversed.

BROWN, C. J., CHAPMAN, and THOMAS, JJ., concur.

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TERRELL, J.:

Plaintiff in error was taken in custody by the Sheriff of Dade County and is being held for default in giving an appearance bond in the sum of $1500. He tendered a bond executed by two limited surety companies in the sum of $500 each and in addition thereto $500 in cash making a total bond in the sum required. This was refused on the theory that limited surety companies were inhibited from executing bonds in excess of $500.

In refusing to approve such a bond, the Court below committed error. A bond in the sum of $1500 is fully protected by $500 in cash and a bond executed by two limited surety companies in which their liability is fixed in the sum of $500 each. To deny such a bond is tantamount to the denial of bail as guaranteed by the State and Federal Constitutions. There can be no objection to each surety limiting itself to the amount for which it becomes surety under the law.

Reversed.

BROWN, C. J., CHAPMAN, and THOMAS, JJ., concur.

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7 So. 2d 1, 149 Fla. 720, 1942 Fla. LEXIS 867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oberrender-v-coleman-fla-1942.