HENRY D. WEBB, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RACHAEL ANN WEBB, APPELLANT,
v.
PRESTIGE REALTY, INC., A FLORIDA CORPORATION, FLORIDA INSURANCE GUARANTY ASSOCIATION, CONTINENTAL INSURANCE COMPANY, A FOREIGN CORPORATION, MARIO CLAUDIO, PEDRO REALTY, INC., JOHN D. PALMER, INDIVIDUALLY AND ALLSTATE INSURANCE COMPANY, APPELLEES
HENRY D. WEBB, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RACHAEL ANN WEBB, APPELLANT,
PRESTIGE REALTY, INC., A FLORIDA CORPORATION, FLORIDA INSURANCE GUARANTY ASSOCIATION, CONTINENTAL INSURANCE COMPANY, A FOREIGN CORPORATION, MARIO CLAUDIO, PEDRO REALTY, INC., JOHN D. PALMER, INDIVIDUALLY AND ALLSTATE INSURANCE COMPANY, APPELLEES
392 So. 2d 34
Florida District Court of Appeal, Third District (1980)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Affirmed. Banks v. Mason, 132 So. 2d 219 (Fla.2d DCA 1961); Adler v. Copeland, 105 So. 2d 594 (Fla.3d DCA 1958); McCormick v. Williams, 194 Kan. 81, 397 P. 2d 392 (1964); See also Johnson v. Bathey, 376 So. 2d 848 (Fla.1979); Wood v. Camp, 284 So. 2d 691 (Fla.1973); Concrete Construction, Inc., of Lake Worth v. Petterson, 216 So. 2d 221 (Fla.1968).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wiley v. State, 451 So. 2d 916 (Fla. 1st DCA 1984)…ing charges are merely recast or supplemented by the subsequent filing of an indictment or information, the defendant is not relieved of the obligation to appear and the surety is not discharged on the bond. E.g., Cotton Belt Insurance Co. v. State, 392 So. 2d 34 (Fla. 3d DCA 1981). The theory underlying the appearance bond process is that the release of an accused on bond commits him to the exclusive custody of the surety, and any interference by the state with the surety’s right to control of the accused,…
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Allied Fid. Ins. Co. v. State, 408 So. 2d 756 (Fla. 3d DCA 1982)…r the filing of a second information while the first is pending constitutes an abandonment of the first so as to discharge the surety, compare All Florida Surety Company v. State, 78 So. 2d 89 (Fla.1955), with Cotton Belt Insurance Company v. State, 392 So. 2d 34 (Fla. 3d DCA 1981), is irrelevant to the present case. . Since the mere fact that an information or indictment is not filed does not serve to discharge a surety, West v. State, 75 Fla. 342, 78 So. 275 (1918); see also Worthley v. State, 320 So. 2d…
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Spurlock v. The Honorable Michael F. Cycmanick, 584 So. 2d 1015 (Fla. 5th DCA 1991)…inst both of the defendant’s motions for discharge and did not then argue that the county court did not have jurisdiction. Defense counsel further argued case law (State v. Adjmi, 170 So. 2d 340, 343 (Fla. 3d DCA 1964); Cottonbelt Ins. Co. v. State, 392 So. 2d 34 (Fla. 3d DCA 1980)) to the effect that the filing of a new indictment or information for an offense already charged leaves both charges standing. The circuit court judge denied the motion to dismiss the felony charge ruling that the misdemeanor cha…
Authorities Cited
- Wood v. Camp, 284 So. 2d 691 (Fla. 1973)
- Concrete Constr., Inc. v. Petterson, 216 So. 2d 221 (Fla. 1968)
- Adler v. Mr. and Mrs. H. S. Copeland, Jr., 105 So. 2d 594 (Fla. 3d DCA 1958)
- Ted M. Banks v. Mason, 132 So. 2d 219 (Fla. 2d DCA 1961)
- Johnson v. Bathey, 376 So. 2d 848 (Fla. 1979)