Notice Requirements For Forfeiture

10 Florida cases classified under this topic · sorted by citation count · browse and sort

• Jeb Bush v. Int'l Fid. INS. Co.
  834 So. 2d 212· Fla. 4th DCA· 2002-10-02 ·cited 14×
  Florida's Fourth District Court of Appeal reversed a circuit court's order vacating bond estreatures (forfeitures) against a surety company. The court held that vacating an improper estreature due to statutory notice violations does not automatically discharge the surety's obliga
• United States v. Clemente Marquez
  564 F.2d 379· 10th Cir.· 1977-10-25 ·cited 10×
  The court held that the bond contract's language clearly obligated the sureties to ensure the defendant's appearance post-conviction, and the sureties were not entitled to notice of the forfeiture declaration itself.
• Dependable Ins. Co., Inc. v. Union Cnty.
  509 So. 2d 1228· Fla. 1st DCA· 1987-07-07 ·cited 4×
  A surety is not automatically relieved of a forfeited bail bond due to the clerk's failure to provide prompt notice of forfeiture if the surety cannot prove prejudice resulting from the delay.
• AL Estes Bonding Agency v. Citrus Cnty.
  417 So. 2d 1127· Fla. 5th DCA· 1982-08-11 ·cited 2×
  A bail bondsman appeals the entry of judgment against him personally rather than against the surety company for a forfeited appearance bond. The court reverses, holding that the judgment must be entered against the proper surety company (Eastern Insurance Co.), not the limited su
• Vanhorn v. Dea
  677 F. Supp. 2d 1299· M.D. Fla.· 2009-05-29 ·cited 1×
  The court held that the plaintiff was not entitled to set aside the forfeiture because he knew or should have known of the seizure in sufficient time to file a claim, and the DEA's notification efforts comported with due process.
• United States v. Federico Giovanelli
  998 F.2d 116· 2d Cir.· 1993-07-06 ·cited 1×
  The court held that the defendant's motion for return of seized currency should be granted because the government's forfeiture proceeding was a nullity due to inadequate notice, and equitable defenses did not bar the claim.
• United States v. McKay
  506 F. Supp. 2d 1206· S.D. Fla.· 2007-03-13
  The court held that defendants are jointly and severally liable for forfeiture of proceeds derived from the RICO enterprise, except that one defendant is not liable for the other's salary proceeds due to lack of involvement in the underlying fraud.
• Minasian v. State
  655 So. 2d 1143· Fla. 4th DCA· 1995-04-12
  Alan Minasian challenges the trial court's forfeiture of a $3,000 cash bail bond posted by his mother, Louise Minasian, to pay restitution after his plea to fraud and theft charges. The court held that the trial judge lacked authority to forfeit the surety's cash bond without sta
• Ruth Jackson (Shelp) v. Dossett
  763 F.2d 1176· 10th Cir.· 1985-06-03
  The court held that a filing under the 1976 Land Act by some owners is effective for all owners, and that notices for assessment work contributions, even if signed by individuals not strictly co-owners, can be legally effective if the signers had the right to demand contribution.
• The Est. OF David Maltie v. State
  404 So. 2d 384· Fla. 4th DCA· 1981-09-30
  The court held that the estreature and forfeiture of the bond were invalid because the notice provided to the bonding company was both untimely and inadequate under the statute.