4D04-374-Surety, Accredited Surety And Casualty Company v. State of Florida and Lawrence Stuart Baum

State: Florida

Court: Florida Southern District Court

Docket No: 4D04-374

Case Date: 02/23/2005

Plaintiff: 4D04-374-Surety, Accredited Surety And Casualty Company

Defendant: State of Florida and Lawrence Stuart Baum

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JANUARY TERM 2005 SURETY, ACCREDITED SURETY AND CASUALTY COMPANY, Appellant, v. STATE OF FLORIDA and LAWRENCE STUART BAUM , Appellees. REHEARING.

CASE NO. 4D04-374

Opinion filed February 23, 2005 Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County; Dan L. Vaughn, Judge; L.T. Case Nos. 97-314 CFA & 97-401 CFA. Milton Hirsch of Hirsch & Markus, LLP, Miami, for appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, for appellee State of Florida. 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(1)(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. NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR

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