Surety, Accredited Surety & Casualty Co. v. State

District Court of Appeal of Florida

Surety, Accredited Surety & Casualty Co. v. State

894 So. 2d 301, 2005 Fla. App. LEXIS 2030, 2005 WL 415976

District Court of Appeal of Florida·Decided February 23, 2005·No. No. 4D04-374·Published

Opinion

PER CURIAM.

A surety appeals an order denying its motion to set aside a bond estreature, arguing that it was not given pre-forfeiture notice. Section 903.26(l)(b), Florida Statutes (1998) requires the clerk of court to give a surety “at least 72 hours’ notice” before the time of the required appearance of the defendant. Because it is undisputed that the surety in this case was not given that notice, we agree that the trial court should have granted the motion to set aside the bond estreature. Reversed.

KLEIN, GROSS, and MAY, JJ„ concur.

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PER CURIAM.

A surety appeals an order denying its motion to set aside a bond estreature, arguing that it was not given pre-forfeiture notice. Section 903.26(l)(b), Florida Statutes (1998) requires the clerk of court to give a surety “at least 72 hours’ notice” before the time of the required appearance of the defendant. Because it is undisputed that the surety in this case was not given that notice, we agree that the trial court should have granted the motion to set aside the bond estreature. Reversed.

KLEIN, GROSS, and MAY, JJ„ concur.

Surety, Accredited Surety & Casualty Co. v. State, 894 So. 2d 301, 2005 Fla. App. LEXIS 2030, 2005 WL 415976 (Fla. Ct. App. 2005).

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894 So. 2d 301 (Surety, Accredited Surety & Casualty Co. v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.