State ex rel. Dade County v. Burke
State ex rel. Dade County v. Burke
Opinion of the Court
Plaintiff, the State of Florida, appeals an order vacating final judgment of forfeiture on an appearance bond against the defendant surety.
Eddie Burke was informed against for issuing a worthless check and was released on a $1,000.00 appearance bond. Burke failed to appear in court and on August 24, 1973 an order of forfeiture, followed by a final judgment on November 20, was entered against him and his surety, Public Service Mutual Insurance Company, defendant-appellee herein [§ 903.26(4) (a), Fla.Stat.]. The surety moved to vacate this judgment on the ground it had produced Burke on December 7, 1973. This motion was denied on February 25, 1974 and the surety appealed. Meanwhile, the criminal division of the circuit court entered an order vacating the August 24, bond forfeiture.
This cause having been appealed twice to this court (300 So.2d 92 and 311 So.2d 123), the trial court was without jurisdiction to enter the appealed order vacating finai judgment of forfeiture.
Reversed and remanded to the trial court to reinstate the final judgment.
So ordered.
. This action was ineffectual because it was not timely, § 903.26(5) (d), Fla.Stat.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.