Florida District Courts of Appeal, 2005

Surety, Accredited Surety & Casualty Co. v. State

Surety, Accredited Surety & Casualty Co. v. State
Florida District Courts of Appeal · Decided February 23, 2005 · Gross, Klein
894 So. 2d 301; 2005 Fla. App. LEXIS 2030; 2005 WL 415976 (Southern Reporter, Second Series)

Surety, Accredited Surety & Casualty Co. v. State

Opinion of the Court

PER CURIAM.

A surety appeals an order denying its motion to set aside a bond estreature, arguing that it was not given pre-forfeiture notice. Section 903.26(l)(b), Florida Statutes (1998) requires the clerk of court to give a surety “at least 72 hours’ notice” before the time of the required appearance of the defendant. Because it is undisputed that the surety in this case was not given that notice, we agree that the trial court should have granted the motion to set aside the bond estreature. Reversed.

KLEIN, GROSS, and MAY, JJ„ concur.

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