Louisiana Court of Appeal, 1988

State v. Smith

State v. Smith
Louisiana Court of Appeal · Decided February 25, 1988 · Jones, Marvin, Sexton
524 So. 2d 898; 1988 WL 16441 (Southern Reporter, Second Series)

State v. Smith

Opinion of the Court

On application of Dwanna S. Smith, Pedro A. Barrios, Mary Jeanette Estell, Salvatore Daddario, Ernest Williams, Jean Washington, Calvin L. Baldridge, Max D. Davidson, Freddie Lane, Larry L. Goff and John Henry McClain for supervisory writs in No. 42,566; 43,167; 43,168; 44,461; 44,-616; 45,032; 45,115; M:59186; T:43649; M:59657; M:60919; M:61015; T48224; and T:48225 on the docket of the 4th Judicial District Court, Parish of Ouachita, State of Louisiana, Hon. John R. Harrison, Judge. WRIT GRANTED, REMANDED WITH DIRECTIONS:

The procedure and jurisdictional authority for the forfeiture of an appearance or bail bond is criminal procedure and jurisdiction. C.Cr.P. Art. 330; L.R.S. 15:85.

After a judgment ordering the forfeiture of the bond is rendered against the surety, the obligation of the surety is civil and is enforced in civil proceedings.

A surety’s action to annul a judgment of a district court forfeiting an appearance or bail bond, is a civil action. A judgment in the surety’s action to annul a judgment of forfeiture is an appealable civil judgment. State v. Sandoz, 258 La. 297, 246 So.2d 21, 23 (1971).

We exercise our supervisory jurisdiction only to resolve the jurisdictional questions and remand to allow applicant to perfect a civil appeal, in accordance with law, of the judgment complained of.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.