ALLIED FIDELITY INSURANCE COMPANY, APPELLANT,
v.
ROBERT GRAHAM, GOVERNOR OF THE STATE OF FLORIDA, F/U/B/O THE CIRCUIT COURT OF BROWARD COUNTY, FLORIDA, APPELLEE
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A bail bondsman appeals the denial of its motion to set aside a judgment of forfeiture entered when a criminal defendant failed to appear in court. The appellate court affirms, finding the trial court properly exercised its discretion in determining the bonding company failed to demonstrate reasonable cause for setting aside the judgment.
The trial court did not abuse its discretion in denying the motion to set aside the judgment. A bail bondsman seeking to set aside a forfeiture judgment must demonstrate reasonable cause, and the appellant failed to meet this burden.
[1] A motion to set aside a judgment on an appearance bond may be filed within 45 days after notice of judgment.
[2] A court may set aside a judgment on an appearance bond in whole or in part for reasonable cause shown.
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Join FLexlaw to unlock all legal intelligence“After notice of judgment against the surety given by the clerk of the circuit court, the surety or bail bondsman may within 45 days file a motion to set aside the judgment. The court entering the judgment may at any time set aside the judgment in whole or in part for reasonable cause shown.”
States the statutory framework governing bail bondsmen's right to file a motion to set aside a forfeiture judgment, requiring a showing of reasonable cause.
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Join FLexlaw to unlock all legal intelligenceA criminal defendant was scheduled to appear in circuit court on October 12, 1978, to answer a larceny charge. The defendant failed to appear, and the…
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BERANEK, Judge.
This is an appeal by a bonding company from an order denying its motion to set aside a judgment which had been entered on an appearance bond previously issued by the company. The defendant in a criminal prosecution was scheduled to appear before the Circuit Court on October 12, 1978, to answer a charge of larceny. He failed to appear and the appearance bond was es-treated. The Court entered an order of forfeiture on October 12,1978, and on January 22, 1979, a judgment was entered pursuant to Section 903.27, Florida Statutes (1979). At no time did the bonding company attack the forfeiture prior to entry of judgment. Thereafter, appellant filed a motion to set aside judgment pursuant to Section 903.27, Florida Statutes (1979), which provides in part: (2) After notice of judgment against the surety given by the clerk of the circuit court, the surety or bail bondsman may within 45 days file a motion to set aside the judgment. The court entering the judgment may at any time set aside the judgment in whole or in part for reasonable cause shown. During the pendency of such motion the court may stay execution on judgment or other process.
The statute provides that a judgment may be set aside “for reasonable cause shown.” Here the trial court found that the appellant had failed to demonstrate reasonable cause in accordance with Public Service Mutual Insurance Company v. State, 135 So. 2d 777 (Fla. 1st DCA 1961). We find that appellant has failed to demonstrate an abuse of discretion on the part of the trial judge in the exercise of her discretion on the issue of reasonable cause. The order denying motion to set aside the judgment is affirmed.
AFFIRMED.
DOWNEY and ANSTEAD, JJ., concur.