WILLIAM BALTEL MILTON, AND RESOLUTE INSURANCE COMPANY, A RHODE ISLAND CORPORATION, APPELLANTS,
v.
THE STATE OF FLORIDA, FOR THE USE AND BENEFIT OF DADE COUNTY, FLORIDA, APPELLEE

Fla. 3d DCA | 1972-11-14
No. 72-179
Before PEARSON, HENDRY and HAVERFIELD, JJ.
268 So. 2d 552 Florida District Court of Appeal, Third District (1972) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal by William Battle Milton, defendant and Resolute Insurance Company, surety, from a judgment of forfeiture of an appearance bail bond and an order denying appellants’ motion to vacate said judgment entered by the Circuit Court of Dade County, Florida.

The record on appeal shows that appellants failed to follow the requirements of § 903.271(2) Fla.Stat., F.S.A., in that the assault upon the judgment was untimely, having been made almost six months after its entry and because the application to set aside the judgment was not accompanied by an affidavit setting forth the facts on which the application was founded. We further find that the record on appeal is insufficient to support the appellants’ contentions. State for the use and benefit of Dade County v. Moran, Fla.App. 1967, 199 So.2d 136; City of Miami Beach v. Boyden, Fla.App.1970, 232 So.2d 429; see also: Capitol Indemnity Insurance Company v. State, Fla.1956, 86 So.2d 156.

For the reasons stated the order and judgment appealed is affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Orange v. State, 334 So. 2d 277 (Fla. 3d DCA 1976)
    …la.App.1971, 243 So. 2d 469; Easton v. State, Fla.App.1971, 250 So. 2d 294; Martin v. State, Fla.App.1971, 251 So. 2d 283; Torres v. State, Fla.App. 1972, 262 So. 2d 458; Brown v. State, Fla.App.1972, 264 So. 2d 28; Gonzales v. State, Fla.App. 1972, 268 So. 2d 552; Kwasniewski v. State, Fla.App.1974, 303 So. 2d 373. The lone case to the contrary in such situation is Parker v. State, Fla.App. 1970, 237 So. 2d 253, decided by the First District Court of Appeal. However, in a later case, Martin v. State, supra,…
  • Temperance Wright v. State, 348 So. 2d 633 (Fla. 3d DCA 1977)
    …: the sale of cocaine. Jackson v. State, 311 So. 2d 811 (Fla.lst DCA 1975); Orange v. State, 334 So. 2d 277 (Fla.3d DCA 1976); Caivano v. State, 276 So. 2d 245 (Fla.2d DCA 1973); Jackson v. State, 270 So. 2d 30 (Fla.4th DCA 1972); Gonzalez v. State, 268 So. 2d 552 (Fla.3d DCA 1972); Jones v. State, 265 So. 2d 514 (Fla.4th DCA 1972); Carr v. State, 264 So. 2d 871 (Fla.1st DCA 1972); Hunt v. State, 264 So. 2d 855 (Fla.lst DCA 1972); Shaw v. State, 264 So. 2d 95 (Fla.lst DCA 1972). Affirmed as to the judgments…
  • Mendez v. State, 280 So. 2d 525 (Fla. 3d DCA 1973)
    …held the separate convictions for crimes arising [*527] out of the same criminal transaction, even while finding the sentences rendered thereon to be illegal. See also, Caivano v. State, Fla.App.1973, 276 So. 2d 245; Gonzalez v. State, Fla.App.1972, 268 So. 2d 552; Hunt v. State, Fla.App.1972, 264 So. 2d 855; Carr v. State, Fla.App.1972, 264 So. 2d 871. Moreover, although we recognize that the offenses prescribed in §§ 814.03(2) and 811.16, Fla.Stat., F.S.A., are related, it is generally held that where two…

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