Bond Forfeiture

87 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Gidden v. State
  613 So. 2d 457· Fla.· 1993-02-04 ·cited 76×
  The Florida Supreme Court held that written findings of fact are not mandatory in indirect criminal contempt judgments under Rule 3.840(a)(6) when sufficient oral findings are made on the record. The Court distinguished indirect contempt proceedings, which include full procedural
• Surrett v. United States
  421 F.2d 403· 5th Cir.· 1970-01-26 ·cited 64×
  The court held that the evidence was sufficient to support the defendants' convictions for various federal alcohol tax violations, and that the trial court did not err in admitting evidence for impeachment purposes.
• United States v. German Hernandez-Miranda
  601 F.2d 1104· 9th Cir.· 1979-08-07 ·cited 63×
  The court held that the district court did not err in giving a flight instruction, admitting evidence of bond forfeiture, admitting evidence of a prior conviction, or imposing consecutive sentences.
• United States v. RAY
  768 F.2d 991· 8th Cir.· 1985-07-29 ·cited 44×
  The court held that admitting a transcript of an attorney's prior unsworn statements as an exhibit was reversible error, requiring a new trial, but remanded for findings on Speedy Trial Act issues.
• Huie v. State
  92 So. 2d 264· Fla.· 1957-01-23 ·cited 38×
  William Bradford Huie appealed an appearance bond forfeiture order entered after the Florida Supreme Court dismissed his habeas corpus petition and remanded him to the custody of the Suwannee County Sheriff. The Supreme Court held that while the trial judge had jurisdiction to or
• United States v. Samson Eisner (Principal) & United Bonding Ins. Co. (Surety)
  323 F.2d 38· 6th Cir.· 1963-09-30 ·cited 20×
  The court held that the filing of a petition for certiorari does not automatically stay proceedings in the district court, and the validity of the judgment on the bond forfeiture depends on whether Eisner was directed to surrender and refused. The court reserved judgment pending
• Accredited Sur. & Cas. Co., Inc. v. State
  318 So. 2d 554· Fla. 1st DCA· 1975-09-23 ·cited 19×
  A surety company appeals the forfeiture of a bond posted for a defendant who pled guilty but failed to appear for sentencing. The court holds that a conviction under Florida law requires a judgment of conviction (adjudication of guilt), not merely a guilty plea or verdict, and th
• United States v. Bina Patel
  835 F.2d 708· 7th Cir.· 1987-12-10 ·cited 16×
  In cases of piecemeal sentencing on different counts of a single indictment, the time to appeal runs from the entry of the last sentence, and a notice of appeal designating the final judgment is sufficient to appeal earlier sentences.
• United States v. Nell
  515 F.2d 1351· D.C. Cir.· 1975-07-21 ·cited 16×
  The court held that the trial judge did not abuse discretion in denying a motion to set aside a bond forfeiture, as the bondsman failed to make an affirmative showing that justice required remission.
• Caivano v. State of Fla. & Collier Cnty.
  331 So. 2d 331· Fla. 2d DCA· 1976-05-05 ·cited 14×
  This case concerns the propriety of a bond estreature and forfeiture after a defendant, released on bond for probation violation, failed to appear for sentencing.
• Bankers Fire & Cas. Co. v. State
  303 So. 2d 39· Fla. 1st DCA· 1974-11-14 ·cited 14×
  A bond may not be estreated without proof that the surety received actual notice at least seventy-two hours before the defendant's required court appearance, as mandated by Florida Statute 903.26(1)(b).
• United States v. Skipper
  633 F.2d 1177· 5th Cir.· 1981-01-09 ·cited 13×
  The court affirmed the district court's judgment on the forfeited bond and denial of remission, holding that the sureties were contractually bound and that the district court did not abuse its discretion in denying remission while the defendant remained at large.
• Allied Fid. Ins. Co. v. State
  384 So. 2d 727· Fla. 3d DCA· 1980-06-10 ·cited 12×
  The court held that an oral order of forfeiture is not an appealable order and that a premature notice of appeal may be treated as vesting jurisdiction once an appealable final judgment is entered.
• United States v. Calogero D'Anna
  487 F.2d 899· 6th Cir.· 1973-11-21 ·cited 12×
  A bail bond contract cannot be continued beyond sentencing without the surety's consent, as sentencing marks the final disposition of the case and terminates the surety's liability.
• United States v. Jackson
  465 F.2d 964· 10th Cir.· 1972-08-07 ·cited 12×
  The court held that an individual cannot be considered a surety on an appearance bond without signing it, absent clear intent to be bound.
• Cnty. OF Volusia v. Audet
  682 So. 2d 687· Fla. 5th DCA· 1996-11-08 ·cited 11×
  The Fifth District Court of Appeal reversed a trial court's grant of remission to a bail bondsman who filed a motion to set aside a bond forfeiture judgment outside the statutory 60-day window. The court held that section 903.28 of the Florida Statutes, which provides the remedy
• Octavia LEE v. State
  956 So. 2d 1292· Fla. 4th DCA· 2007-06-06 ·cited 10×
  Court granted habeas corpus petition and quashed bond forfeiture order because trial court failed to make required findings that defendant's failures to appear were willful before denying bond reinstatement.
• United States v. Abernathy
  757 F.2d 1012· 9th Cir.· 1985-04-09 ·cited 10×
  The court held that venue was proper in Arizona for bond forfeiture proceedings because the breach of release conditions occurred there, and the district court did not abuse its discretion in refusing to set aside the forfeiture or remit the bond.
• United States v. Heniz Jurgen Hesse
  576 F.2d 1110· 5th Cir.· 1978-07-20 ·cited 10×
  The court held that the surety's obligation under the appearance bond extended to the subsequent indictments, as they arose from the same transactions and did not increase the risk, and affirmed the district court's order of bond forfeiture.
• United States v. Nolan
  564 F.2d 376· 10th Cir.· 1977-10-20 ·cited 10×
  The court held that the district court did not abuse its discretion in refusing to set aside the forfeiture of appellant's bond because the breaches of the bond conditions were willful and prejudiced the government.
• United States ex rel. H. Rap Brown v. Honorable Raymond Fogel
  395 F.2d 291· 4th Cir.· 1968-04-11 ·cited 10×
  The court held that the relator violated the conditions of his release, justifying revocation of bail and forfeiture of his bond, and that his claims regarding danger in Maryland did not warrant habeas corpus relief to defeat extradition.
• United States v. Reed
  117 F.2d 808· 5th Cir.· 1941-02-27 ·cited 10×
  The court held that the trial court lacked jurisdiction to remit a forfeited bond penalty because the principal's default was willful, failing to meet a statutory prerequisite.
• S. Am. Fire Ins. Co. v. The State of Fla. for the Use & Benefit of Dade Cnty.
  270 So. 2d 374· Fla. 3d DCA· 1972-12-12 ·cited 9×
  A surety company appeals the denial of its motion to vacate a final judgment of bond forfeiture entered against it when its principal failed to appear in criminal court. The court affirmed the denial, holding that the criminal court lacked jurisdiction to vacate the forfeiture af
• United States v. Jackson
  691 F.2d 478· 11th Cir.· 1982-08-30 ·cited 8×
  The court held that the bonding company's notice of appeal was timely filed under the civil rules, and the trial court did not abuse its discretion in forfeiting the bond.
• In re Fla. Traffic Court Rules
  247 So. 2d 281· Fla.· 1971-03-10 ·cited 8×
  The Florida Supreme Court adopted comprehensive uniform rules governing practice and procedure in traffic courts throughout Florida. These Florida Traffic Court Rules establish standardized procedures for all traffic violations and apply to all courts with jurisdiction over traff
• ALL Fla. Sur. Co. & Eleven Individuals v. State
  78 So. 2d 89· Fla.· 1955-02-16 ·cited 8×
  All Florida Surety Company executed bonds for twelve individuals arrested for gambling offenses. After the Criminal Court of Record dismissed felony counts and transferred misdemeanor counts to the Court of Crimes, then the solicitor refiled felony charges nearly two years later,
• Firouz Bahramizadeh v. United States Immigr. & Naturalization Serv.
  717 F.2d 1170· 7th Cir.· 1983-09-30 ·cited 7×
  The court held that an alien's overstay, if incurred in good faith and without willful intent due to misleading advice from INS officials, may not constitute a "substantial violation" of a departure bond warranting forfeiture.
• United Am. Lien & Recovery Corp. & Century Am. Cas. Co. v. Primicerio
  924 So. 2d 848· Fla. 4th DCA· 2006-01-25 ·cited 6×
  United American Lien and Recovery Corp. and Century American Casualty Company appealed a judgment awarding damages, attorney's fees, costs, and bond forfeiture in favor of Anthony Primicerio following a dispute over vehicle repair and wrongful lien proceedings. The court affirmed
• Williams v. State
  431 So. 2d 308· Fla. 1st DCA· 1983-05-17 ·cited 6×
  Sureties on an appearance bond for criminal defendant Barry Barnes challenged a trial court order declaring their bonds forfeited after Barnes failed to appear. The appellate court dismissed the appeal on procedural grounds, finding the trial court's order was not yet final.
• Allied Bonding Agency, Inc. v. State of Fla. & Raymond Arthur McAbee
  358 So. 2d 246· Fla. 4th DCA· 1978-05-09 ·cited 6×
  A bail bondsman appealed the trial court's denial of bond remission after the surety apprehended and returned a fugitive defendant within one year of bond forfeiture. The court reversed, holding that under Florida Statute § 903.28, the trial court must remit a forfeited bond unle
• United Bonding Ins. Co. v. State
  242 So. 2d 140· Fla. 1st DCA· 1970-12-29 ·cited 6×
  United Bonding Insurance Company and its surety agents appealed the trial court's denial of motions to set aside bond forfeiture and direct remission after a murder defendant failed to appear. The appellate court reversed, holding that diligent efforts by bondsmen to produce the
• United States v. Hickman
  155 F.2d 897· 7th Cir.· 1946-06-11 ·cited 6×
  The court held that the trial court's finding of non-willful default was clearly erroneous and not supported by the evidence.
• Bonds v. Orange Cnty.
  913 So. 2d 88· Fla. 5th DCA· 2005-10-21 ·cited 5×
  A bail bond company appealed the denial of its motion to set aside a forfeiture judgment after the defendant was arrested and returned to the county and all statutory conditions were met. The court reversed, holding that the clerk failed to discharge the forfeiture as required by
• Worthley v. State
  320 So. 2d 479· Fla. 3d DCA· 1975-10-21 ·cited 5×
  A surety company's appeal of a bond forfeiture judgment is affirmed because the surety was not released upon the defendant's acceptance into a Pre-Trial Intervention Program and the motion to vacate was untimely filed.
• Hutchinson v. State
  133 So. 3d 552· Fla. 2d DCA· 2014-01-31 ·cited 4×
  A defendant's mere tardiness to a docket call, without more, does not constitute unavailability for trial under the speedy trial rule, and thus does not waive speedy trial rights.
• Ricks v. State
  961 So. 2d 1093· Fla. 5th DCA· 2007-07-27 ·cited 4×
  A defendant's vague allegation of oversight is insufficient to require a hearing on a motion to set a new bond after failing to appear.
• United States v. Amend
  622 F.2d 782· 5th Cir.· 1980-07-30 ·cited 4×
• United States v. Booker Thomas Harrell
  415 F.2d 1125· 8th Cir.· 1969-09-26 ·cited 4×
  The court held that the district court erred in refusing to set aside a bond forfeiture when the defendant's failure to appear was due to incarceration by state authorities and the government suffered no injury.
• The State of Fla. for the Use & Benefit of Dade Cnty. v. Moran
  199 So. 2d 136· Fla. 3d DCA· 1967-05-02 ·cited 4×
  Florida's appeal challenging a circuit court order that vacated a bond forfeiture judgment against the surety on a bail bond. The court reversed, holding that the surety's motion to vacate was untimely under the controlling statute and that no other basis for relief was demonstra
• Keefe v. State
  188 So. 2d 868· Fla. 4th DCA· 1966-07-21 ·cited 4×
  Two sureties on criminal bonds appealed denials of their motions to set aside bond estreatures after the underlying forfeitures were reduced to judgment. The court affirmed, holding that once a bond forfeiture is reduced to judgment by the circuit court, the court of record lacks
• State v. Frazier
  123 So. 2d 288· Fla. 3d DCA· 1960-09-22 ·cited 4×
  This case involves a county's attempt to reverse a lower court's decision to vacate a bond forfeiture judgment. The appellate court found the application for remission of forfeiture was untimely and reversed the lower court's order, reinstating the original forfeiture judgment.
• Carver v. State
  134 Fla. 232· Fla.· 1938-10-12 ·cited 3×
  Jim Carver pleaded guilty to unlawful liquor manufacturing and received a sentence of a $200 fine or three months' jail time in the alternative. After Carver surrendered and began serving jail time before the bond's ninety-day period expired, the state enforced the bond against h
• McLAUGHLIN v. State
  15 So. 3d 872· Fla. 2d DCA· 2009-07-31 ·cited 2×
  Marie Ann McLaughlin appeals her conviction for grand theft motor vehicle and battery on a law enforcement officer, challenging the trial court's denial of her motion to dismiss based on the statute of limitations. The court reverses, finding that the State failed to commence pro
• Surety v. State
  846 So. 2d 1154· Fla. 1st DCA· 2003-04-10 ·cited 2×
  A surety company was held liable for bond forfeiture after surrendering an accused to law enforcement in response to a second charge, despite lacking a formal certificate of surrender. The court reversed, holding that the surety was legally absolved from liability because the add
• Universal Bail Bonds, Inc. v. State
  830 So. 2d 230· Fla. 4th DCA· 2002-11-13 ·cited 2×
  The court held that the notice of court date provided to the sureties was defective and ambiguous, failing to meet the strict notice requirements for bond forfeiture.
• Amwest Sur. Ins. Co. v. State
  721 So. 2d 408· Fla. 5th DCA· 1998-11-20 ·cited 2×
  A trial court lacks jurisdiction to rule on a motion for rehearing directed at an order granting relief under Florida Rule of Civil Procedure 1.540(b), which is a final, appealable order not subject to rehearing.
• Jack's Bail Bonds, Inc. v. Putnam Cnty.
  574 So. 2d 302· Fla. 5th DCA· 1991-02-14 ·cited 2×
  The court held that a trial court must receive evidence of actual costs incurred before conditioning remission of a bond forfeiture on the payment of those costs.
• Pigue v. State
  567 So. 2d 530· Fla. 5th DCA· 1990-09-27 ·cited 2×
  Leslie Blaine Pigue appeals his guideline sentence, challenging the sentencing court's calculation of his prior criminal record scoresheet. The court erred by scoring four bond estreatures as prior convictions, adding 16 points that elevated his sentence to 22 years. The appellat
• United States v. Dunn
  781 F.2d 447· 5th Cir.· 1986-01-28 ·cited 2×
  The court held that Federal Rule of Criminal Procedure 46(e) applies to bond forfeiture proceedings based on travel restriction violations, not the Bail Bond Reform Act, and that the delay in holding the forfeiture hearing did not violate due process.
• Luciano Morra v. State
  460 So. 2d 507· Fla. 3d DCA· 1984-12-11 ·cited 2×
  A defendant's failure to appear at trial does not automatically constitute thwarting prosecution under Florida law when the surety surrenders the defendant within thirty days and the defendant is subsequently tried and convicted.