Bond Forfeiture

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

• United States v. Noe Ervey Garcia
  724 F.2d 514· 5th Cir.· 1984-02-10 ·cited 2×
  The court held that a temporary revocation of a bond, followed by a hearing and reinstatement, does not terminate the surety's liability, and the surety's obligation remains unchanged.
• Logan v. Scheffler
  441 So. 2d 666· Fla. 3d DCA· 1983-10-18 ·cited 2×
  Logan was held in contempt for failing to file estate accounting and return estate records as ordered. He was released from jail by posting a $100,000 bond conditioned on future compliance, but failed to comply within the deadline. On appeal, Logan challenged the bond forfeiture,
• United States v. Cummings
  601 F.2d 258· 6th Cir.· 1979-07-18 ·cited 2×
  The court held that forfeiture of bail is not a prerequisite for a conviction under the Bail Reform Act's bail jumping statute.
• The State of Fla. for Use & Benefit of Dade Cnty. v. Pub. Serv. Mut. Ins. Co.
  311 So. 2d 123· Fla. 3d DCA· 1975-04-22 ·cited 2×
  Florida's appeal of an order vacating a final judgment against a surety company on a defaulted appearance bond. The court reversed the vacation order, holding that the trial court erred in vacating the judgment while an appeal challenging an earlier denial of the surety's motion
• United States v. Coats
  458 F.2d 192· 10th Cir.· 1972-04-10 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying the motion to set aside bond forfeiture, as the surety acquiesced to the conditions and justice did not require setting aside the forfeiture.
• Faye Aiken v. Aiken
  81 So. 2d 757· Fla.· 1955-07-27 ·cited 2×
  In this Florida divorce case, the trial court ordered a portion of a $2,000 ne exeat bond posted by a bail bonding company to be applied toward the wife's costs and attorney fees, despite the husband remaining within the state's jurisdiction. The Supreme Court reversed, holding t
• Palmetto Sur. Corp. v. State of Fla. & Paula S. O'Neil
  148 So. 3d 517· Fla. 2d DCA· 2014-10-08 ·cited 1×
  This case involves an appeal by Palmetto Surety Corporation after a trial court denied its request for remission of a forfeited bond. The appellate court affirmed the trial court's decision, finding the surety did not provide sufficient evidence of its efforts to apprehend the de
• Key v. State
  Fla. 6th DCA· 2026-07-28
  A writ of habeas corpus may not issue where the petitioner is not presently detained in custody, even if an unexecuted capias warrant has been issued. The statute's plain language requiring that a person be "detained in custody" applies only to present detention, not future restr
• In re Amendments to Fla. Rule of Crim. Procedure 3.131
  Fla.· 2025-09-25
  The Florida Supreme Court adopted amendments to Florida Rule of Criminal Procedure 3.131 regarding pretrial release procedures. The amendments align the rule with recent statutory changes to sections 903.011 and 903.047, Florida Statutes, effective January 1, 2026.
• Escambia Cnty. Clerk of the Cir. Court & Comptroller v. Palmetto Sur. Corp.
  Fla. 1st DCA· 2025-07-23
  A bond forfeiture may be discharged only on one of the four statutory bases specified in section 903.26(5), Florida Statutes, and only if the motion is filed within sixty days.
• Henderson v. Gualtieri
  Fla. 2d DCA· 2025-01-17
  Although a trial court must declare a bond forfeited when a defendant fails to timely appear, the court has discretion under § 903.26(2)(b) to set aside that forfeiture if the defendant appears the same day and doing so would serve the interests of justice. A trial court may abus
• Harrison v. Leon Cnty. Clerk of the Cir. Court & Comptroller
  Fla. 1st DCA· 2021-10-13
  This case concerns whether a bail bond agent can seek remission of forfeited bonds after paying the forfeiture amount, even if the clients failed to appear. The court held that the two-year statute of limitations for remission applies from the date of forfeiture notification, and
• Forman v. TAY
  180 So. 3d 1221· Fla. 4th DCA· 2015-12-16
  The court held that a bond automatically expires after 36 months under section 903.31(1), Florida Statutes, and a forfeiture declared after expiration is ineffectual.
• Singh Bail Bonds & Sun Sur. Ins. Co. v. Brock
  88 So. 3d 960· Fla. 2d DCA· 2011-11-04
  Singh Bail Bonds and Sun Surety Insurance Company appealed a $350,000 bond forfeiture judgment entered by the Clerk of Court after a criminal defendant failed to appear. The court affirmed the forfeiture, holding that appellants failed to comply with the statutory precondition of
• Am. Bankers Ins. Co. v. State of Fla. f/u/b/o Osceola Cnty. Clerk
  45 So. 3d 540· Fla. 5th DCA· 2010-10-08
  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.
• Rameses, Inc. v. Cnty. of Orange
  481 F. Supp. 2d 1305· M.D. Fla.· 2007-04-06
  The court granted in part and denied in part both parties' motions for summary judgment, finding some claims ripe and others barred by res judicata, and determining the appropriate standard of review for First Amendment challenges.
• Sanders v. State
  940 So. 2d 549· Fla. 5th DCA· 2006-10-27
• Clearwater Bonding Agency v. Pinellas Cnty.
  805 So. 2d 901· Fla. 2d DCA· 2001-10-12
  A surety bond company appeals an order requiring it to pay a $40 fee as a condition for setting aside a bond forfeiture. The court reversed, holding that the trial court lacked jurisdiction to amend its final order beyond ten days and that predetermined flat fees for bond forfeit
• Broward Cnty. v. B & B Bail Bonds
  790 So. 2d 1224· Fla. 4th DCA· 2001-08-08
  The appellate court reversed the trial court's order vacating a bond forfeiture, holding that a bail bond is not discharged when a defendant fails to appear for sentencing and is subsequently sentenced in absentia.
• Everol Forbes v. State
  770 So. 2d 1265· Fla. 4th DCA· 2000-11-13
  The court held that the trial court erred by denying a motion to reinstate bond without making findings on willfulness or reasonable conditions of release.
• United States v. Lacey
  982 F.2d 410· 10th Cir.· 1992-12-14
  The court held that res judicata does not bar the government from proceeding against a surety after obtaining a judgment against the principal, and that the Federal Rules of Civil Procedure do not apply to bond forfeiture proceedings under Federal Rule of Criminal Procedure 46(e)
• United States v. Toro
  981 F.2d 1045· 9th Cir.· 1992-12-07
  The court held that the government's action to forfeit bail bonds was barred by the six-year statute of limitations, 28 U.S.C. § 2415, because it was filed more than six years after the defendants breached their bond agreements.
• Accredited Sur. & Cas. Co., Inc. v. Hagman
  467 So. 2d 1065· Fla. 4th DCA· 1985-04-24
  The court held that the 72-hour notice requirement under section 903.26(1)(b) does not apply to continuances of less than 72 hours.
• In re Florida Rules of Practice and Procedure for Traffic Courts
  458 So. 2d 1115· Fla.· 1984-10-18
  Florida Supreme Court amended the Traffic Rules of Practice and Procedure effective January 1, 1985, to clarify collection of law enforcement training assessments in traffic infraction cases.
• United States v. Casey
  671 F.2d 975· 6th Cir.· 1982-03-01
  The court held that the surety defendants remained liable on the appearance bond despite the issuance of a superseding indictment and a plea agreement, as the bond language and circumstances indicated continued coverage.
• In re Florida Rules of Practice and Procedure for Traffic Courts
  410 So. 2d 1337· Fla.· 1982-02-11
  The Florida Supreme Court adopted comprehensive Rules of Practice and Procedure for Traffic Courts, establishing uniform procedures for handling both criminal traffic offenses and non-criminal traffic infractions in county courts. The rules govern citation procedures, trial condu
• McKNIGHT v. The State of Fla. for the Use & Benefit of Dade Cnty.
  362 So. 2d 337· Fla. 3d DCA· 1978-08-08
  The court held that the clerk erred in entering a final judgment on an estreated bond when the defendant had been surrendered and a certificate of surrender was filed before the judgment was entered.
• Robert Caivano & the Stuyvesant Ins. Co. v. State
  346 So. 2d 628· Fla. 2d DCA· 1977-06-01
  Stuyvesant Insurance Company appealed a judgment forfeiting a $10,000 supersedeas bond posted for Robert Caivano's appeal of drug trafficking convictions. The court held that the bonding company had fully satisfied the bond condition by ensuring Caivano appeared for resentencing
• Casci v. State
  293 So. 2d 403· Fla. 2d DCA· 1974-04-19
  Florida's statute authorizing license revocation based on prior offenses does not violate the ex post facto clause, and forfeiture of bond may be treated as a conviction for purposes of license revocation.
• Biggs v. United States
  438 F.2d 1180· 5th Cir.· 1971-02-25
  The court held that the appellant's contentions were without merit and affirmed the district court's order.
• State v. Collison
  35 Fla. Supp. 60· Dade Cty. Cir. Ct.· 1970-12-17
  Circuit court denied surety company's motion to vacate a bond forfeiture judgment, holding that the 1961 amendment to Florida Statute 903.27 eliminated the one-year deadline for obtaining final judgment of forfeiture, making the delay between estreature and judgment reasonable.
• United States v. Sams
  406 F.2d 404· 3d Cir.· 1969-01-09
  The court held that the judgment forfeiting the bond should be vacated and remanded because the underlying anti-wagering statutes were subsequently declared unconstitutional.
• Hutching v. Farris Bryant
  173 So. 2d 496· Fla. 2d DCA· 1965-04-09
  Hutching and his surety insurance company appealed a judgment entered against them on a forfeited bond after Hutching failed to appear in criminal court. The court affirmed, holding that the Circuit Court lacked statutory authority to vacate the judgment or remit the forfeiture,
• Brass v. State
  167 So. 2d 892· Fla. 2d DCA· 1964-10-09
  W. O. Brass, acting as attorney-in-fact for United Bonding Company, appealed a circuit court judgment affirming a justice of the peace's denial of a motion to reinstate a bond. The appeal was dismissed for lack of jurisdiction and multiple procedural defects, including failure of
• Police Jury OF Plaquemines Parish & Nat'l Sur. Corp. v. United States
  272 F.2d 827· 5th Cir.· 1959-12-28
  The court held that the Police Jury and its surety were liable for the full amount of the bond, and the proceeding by motion was proper.
• City of Jacksonville v. Lentz
  13 Fla. Supp. 192· Duval Cty. Cir. Ct.· 1958-12-01
  The City of Jacksonville appealed dismissals of municipal court convictions where appellants failed to perfect their appeals by filing required briefs. The circuit court held that while dismissal was proper for failure to prosecute, the appellees' failure to provide notice of the
• United States v. Sanderson
  237 F.2d 398· 9th Cir.· 1956-10-03
  The court held that the bond posted to guarantee surrender was improperly forfeited because the underlying deportation order arose from an unfair hearing.