CARL D. CHASE AND MONCRIEF AGENCY BAIL BONDS, INC., SURETY, APPELLANTS,
v.
ORANGE COUNTY, FLORIDA, APPELLEE
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A bail bondsman appealed an order denying its motion to set aside a bond estreature (forfeiture) for a defendant's failure to appear for sentencing. The court dismissed the appeal for lack of jurisdiction, holding that orders denying motions to set aside bond forfeitures are interlocutory and non-appealable until a final judgment of forfeiture is entered.
The court lacks jurisdiction to hear an appeal from an order denying a motion to set aside a bond estreature absent a final judgment of forfeiture. All steps leading up to entry of a judgment of forfeiture are interlocutory and non-appealable; only after a final judgment of forfeiture is entered may those preceding steps be reviewed on appeal.
[1] An order denying a motion to set aside a bail bond estreature is not a final, appealable order when a final judgment of forfeiture has not yet been entered.
[2] All steps leading up to the entry of a judgment of forfeiture of a bail bond are interlocutory and non-appealable.
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Join FLexlaw to unlock all legal intelligence“all steps leading up to the entry of a judgment of forfeiture of a bail bond are interlocutory in nature, thus non-appealable”
Establishes the foundational rule that orders denying motions to set aside bond forfeitures cannot be appealed until a final judgment is entered
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Join FLexlaw to unlock all legal intelligenceCarl D. Chase failed to appear for sentencing, resulting in the trial court ordering a bond estreature against Moncrief Agency Bail Bonds, Inc. Moncri…
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ORFINGER, Judge.
Moncrief Agency Bail Bonds, Inc. appeals from an order denying its motion to set aside the bond estreature of Carl D. Chase, ordered by the trial court after Chase had failed to appear for sentencing. In its order denying Moncrief’s motion for rehearing, the trial court specifically stayed entry of a judgment on the forfeiture. Perceiving a possible absence of jurisdiction, we ordered the appellant to show cause why the appeal should not be dismissed as being taken from a non-final, non-appealable order. Having considered appellant’s response as well as appellee’s reply thereto, we now dismiss the appeal.
In Huie v. State, 92 So. 2d 264 (Fla.1957), the court held that all steps leading up to the entry of a judgment of forfeiture of a bail bond are interlocutory in nature, thus non-appealable. On appeal from a final judgment of forfeiture, “all interlocutory steps in the proceeding leading up to the judgment would then be subject to review.” 92 So. 2d at 268. See also Williams v. State, 431 So. 2d 308 (Fla. 1st DCA 1983).
To support jurisdiction, appellant cites several cases, but they are inapposite. In American Druggists’ Insurance Co. v. State, 410 So. 2d 627 (Fla. 2d DCA 1982), the court affirmed a “judgment of estrea-ture.” In Resolute Insurance Co. v. State, 290 So. 2d 114 (Fla. 1st DCA 1974), the appeal was from a final judgment denying a motion to vacate bond estreatures. Similarly, in Resolute Insurance Co. v. State, 269 So. 2d 770 (Fla. 3d DCA 1972), the court reviewed a “final judgment of estreature.” In Estate of Maltie v. State, 404 So. 2d 384 (Fla. 4th DCA 1981), the bondsman appealed from an order denying a motion for remission of forfeiture pursuant to section 903.28, Florida Statutes. In that case, the bondsman paid the forfeiture. This has the same effect as a judgment. See § 903.26(7), Fla.Stat. (1985). In Weaver v. State, 370 So. 2d 1236 (Fla. 2d DCA 1979), it is not clear from what order the appeal was taken.
Unfortunately, in Ryan v. State, 380 So. 2d 539 (Fla. 5th DCA 1980), this court reviewed an order denying a motion to set aside a bond estreature in the absence of a final judgment of forfeiture. There is no indication in the opinion in that case or in its sequel1 that the jurisdictional issue was raised or considered. We now conclude that we should not have exercised jurisdiction in Ryan because the order appealed from was non-final.
We dismiss the appeal without prejudice to the right of the bonding company to appeal from a final judgment.
APPEAL DISMISSED.
DAUKSCH and COWART, JJ., concur. . See Al Estes Bonding Agency v. Citrus County, 417 So. 2d 1127 (Fla. 5th DCA 1982), where the court reviewed the final judgment of forfeiture entered after remand.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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AL Estes Bonding, Inc. v. Pinellas Cnty. Bd. of Cnty. Comm'rs, 845 So. 2d 254 (Fla. 2d DCA 2003)…e or discharge the bond. A1 Estes Bonding appealed that order to this court. Initially, we note that the source of our jurisdiction in this case is not entirely clear.2 Pinellas County maintains that we lack jurisdiction. In Chase v. Orange County, 511 So. 2d 1101 (Fla. 5th DCA 1987), the Fifth District dismissed an appeal from an order denying a similar motion to set aside a bond estreature. The Fifth District reasoned that “all steps leading up to the entry of a judgment of forfeiture of a bail bond are int…
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Bonds v. Orange Cnty., 913 So. 2d 88 (Fla. 5th DCA 2005)…concur. . See Huie v. State, 92 So. 2d 264 (Fla.1957); Al Estes Bonding, Inc. v. Pinellas County Board of County Commissioners, 845 So. 2d 254 (Fla. 2d DCA 2003); Schmidt v. Osceola County, 517 So. 2d 79 (Fla. 5th DCA 1987); Chase v. Orange County, 511 So. 2d 1101 (Fla. 5th DCA 1987); Williams v. State, 431 So. 2d 308 (Fla. 1st DCA 1983). . See Huie v. State, 92 So. 2d 264 (Fla.1957). . See § 903.26(7), Fla. Stat. (“The payment by a surety of a forfeiture under the provisions of this law shall have the same…1 / 2
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Schmidt v. Osceola Cnty., 517 So. 2d 79 (Fla. 5th DCA 1987)…*80] PER CURIAM. An order denying a motion to set aside a bond estreature, where no judgment of forfeiture has been entered, is a non-final, non-appealable order. This appeal is therefore dismissed for lack of jurisdiction. Chase v. Orange County, 511 So. 2d 1101 (Fla. 5th DCA 1987). DISMISSED. DAUKSCH, ORFINGER and COWART, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Huie v. State, 92 So. 2d 264 (Fla. 1957)
- Resolute Ins. Co. v. State, 269 So. 2d 770 (Fla. 3d DCA 1972)
- King v. State, 404 So. 2d 384 (Fla. 4th DCA 1981)
- William Robert Ryan (Al Estes Bonding Company) v. State, 380 So. 2d 539 (Fla. 5th DCA 1980)
- Weaver v. State, 370 So. 2d 1236 (Fla. 2d DCA 1979)
- The Am. Druggists' Ins. Co. v. State of Fla. & Rose Bubucha, 410 So. 2d 627 (Fla. 2d DCA 1982)
- Resolute Ins. Co. v. State, 290 So. 2d 114 (Fla. 1st DCA 1974)
- Williams v. State, 431 So. 2d 308 (Fla. 1st DCA 1983)
- AL Estes Bonding Agency v. Citrus Cnty., 417 So. 2d 1127 (Fla. 5th DCA 1982)