SOUTHLAND INSURANCE COMPANY, SURETY, APPELLANT,
v.
STATE OF FLORIDA, SICO BRODRICK BONDING AND MICHAEL BROADHURST, APPELLEES
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The court held that the judgment against the surety bond was erroneously entered and should have been set aside.
A final judgment was entered against a surety bond due to the defendant's failure to appear. The surety moved to set aside the judgment, but the motio…
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WALDEN, Judge.
A final judgment was entered against appellant on its $50,000 surety bond because of the failure of defendant, Broad-hurst, to appear in court at the appointed time. The surety moved to set aside or stay the judgment, which motion was denied. This appeal ensued.
We are of the opinion that the judgment was erroneously entered and that it should have been set aside for two reasons.
First, the clerk of court failed to give the surety the required seventy-two (72) hours notice pursuant to section 903.-26(l)(b), Florida Statutes (1985). See Accredited Surety & Casualty Co. v. Hag- man, 467 So. 2d 1065 (Fla. 4th DCA 1985); and Estate of Maltie v. State, 404 So. 2d 384 (Fla. 4th DCA 1981).
Second, the form of the notice sent was defective and ambiguous. It did not state the nature of the hearing; that the defendant’s presence was required; or that the failure of defendant to appear would result in the estreature of the surety bond. See § 903.26(l)(b), Fla.Stat.; State v. All Florida Surety Co., 59 So. 2d 849 (Fla.1952); and Estate of Maltie.
Reversed.
LETTS, J., and WEBSTER, PETER, Associate Judge, concur.
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Cont'l Heritage Ins. Co. & A-1 Magic Bonding, Inc. v. State, 981 So. 2d 583 (Fla. 1st DCA 2008)…der denying its motion to set aside a bond estreature, arguing that it received insufficient notice. We disagree, and affirm. Because our holding directly conflicts with the Fourth District’s holdings in Southland Insurance Company, Surety v. State, 497 So. 2d 1331 (Fla. 4th DCA 1986), and Universal Bail Bonds v. State, 830 So. 2d 230 (Fla. 4th DCA 2002), we certify conflict with the Fourth District. Appellant, as surety, posted bond for two defendants’ release following their arrests. The State sent Appellan…
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Am. Bankers Ins. Co. v. Camacho, 727 So. 2d 336 (Fla. 4th DCA 1999)…uances. See Allied Fidelity Ins. Co., 499 So. 2d at 934; Accredited Sur. & Cas. Co.; Ramsey v. State, 225 So. 2d 182 (Fla. 2d DCA 1969). The notice requirements are a strict prerequisite to forfeiture of the bond. Southland Ins. Co., Sur. v. State, 497 So. 2d 1331 (Fla. 4th DCA 1986). Failure to furnish notice invalidates the order of estreature and forfeiture. See Estate of Maltie v. State, 404 So. 2d 384 (Fla. 4th DCA 1981). In this case, while Atlas received notice of the original trial date (May 27), it…
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Accredited Sur. & Cas. Co. v. Putnam Cnty., 561 So. 2d 1243 (Fla. 5th DCA 1990)…tice requirement had been met. The notice requirements of 903.26(l)(b) are a strict prerequisite to a bond forfeiture. Allied Fidelity Insurance Company v. State, 499 So. 2d 932, 934 (Fla. 1st DCA 1986); Southland Insurance Company, Surety v. State, 497 So. 2d 1331 (Fla. 4th DCA 1986); Accredited Surety & Casualty Co., Inc. v. Hagman, 467 So. 2d 1065 (Fla. 4th DCA 1985); Allied Fidelity Insurance Company v. State, 415 So. 2d 109, 111 (Fla. 3d DCA 1982); Estate of Maltie v. State, 404 So. 2d 384 (Fla. 4th DCA 1…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Natividad Silva v. Silva, 467 So. 2d 1065 (Fla. 3d DCA 1985)
- King v. State, 404 So. 2d 384 (Fla. 4th DCA 1981)
- State v. All Fla. Sur. Co., 59 So. 2d 849 (Fla. 1952)