AMERICAN BANKERS INSURANCE COMPANY, ETC., APPELLANT,
v.
STATE OF FLORIDA F/U/B/O OSCEOLA COUNTY CLERK, ETC., APPELLEE

Fla. 5th DCA | 2010-10-08
No. 5D09-4488
Lawson, J., Evander, J., Jacobus, J.
45 So. 3d 540 Florida District Court of Appeal, Fifth District (2010)

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Synopsis

Florida appellate court reversed a bond forfeiture judgment because the trial court reinstated the defendant's bond without the surety's consent, violating statutory requirements.


Holding

A bond forfeiture must be set aside when the trial court reinstates the bond without the surety's consent, as required by statute.


Headnotes

[1] A forfeited bail bond cannot be reinstated without the surety's consent, and a forfeiture judgment entered after unauthorized reinstatement must be reversed.

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Key Quotes

“if an original appearance bond has been forfeited or revoked, the bond 'shall not be reinstated without approval from the surety on the original bond'”

Statutory requirement under § 903.31(2), Fla. Stat. (2008)

Facts & Procedural History

American Bankers Insurance Company was the surety on a bail bond. The trial court forfeited the bond but then reinstated it without ABIC's consent bef…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

American Bankers Insurance Company of Florida (“ABIC”), the surety on a bail bond, appeals a final “Bond Forfeiture Judgment.” We agree with ABIC that the trial court erred in entering the forfeiture when the court had earlier reinstated the defendant’s bond without ABIC’s consent. See § 903.31(2), Fla. Stat. (2008) (stating that if an original appearance bond has been forfeited or revoked, the bond “shall not be reinstated without approval from the surety on the original bond”); see also, Mike Snapp Bail Bonds v. Orange County, 913 So.2d 88, 92 (Fla. 5th DCA 2005) (noting that forfeitures are not favored in the courts of this state and that “all mandates of the forfeiture statutes [must] be met meticulously”).1 Accordingly, we reverse the forfeiture judgment and remand with directions that the forfeiture be set aside and the surety discharged.

REVERSED AND REMANDED WITH DIRECTIONS.

LAWSON, EVANDER and JACOBUS, JJ., concur.


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