American Bankers Insurance v. Zapata
American Bankers Insurance v. Zapata
Opinion of the Court
American Bankers Insurance Company appeals the denial of its motion to vacate a final judgment entered pursuant to an order forfeiting a criminal bail bond. We affirm.
On August 2, 1999, an amended final judgment was entered against American Bankers Insurance Company. As surety on an appearance bond, American Bankers had become liable when its insured failed to appear in criminal court. American Bankers paid the judgment and sought, pursuant to rule 1.540, Florida Rule of Civil Procedure, to vacate the judgment based on its excusable neglect. Following a hearing at which American Bankers presented the factual basis underlying its claim of excusable neglect, the trial court denied the motion. No record of this proceeding was filed with this court. American Bankers now contends that the trial court abused its discretion by denying the motion.
In Lynn v. Alistar Steakhouse & Sports Bar, Inc., 736 So.2d 722, 723 (Fla. 2d DCA 1999), this court was compelled to affirm when the parties failed to provide either a transcript of the evidentiary hearing or a
Finally, we point out for the parties’ consideration that the release and satisfaction entered on August 17, 1999, does not refer to the amended final judgment of August 2, 1999, but to the earlier final judgment dated July 21, 1999.
Affirmed.
Reference
- Full Case Name
- AMERICAN BANKERS INSURANCE COMPANY v. Maria ZAPATA and State of Florida
- Cited By
- 2 cases
- Status
- Published