Remission Of Bond Forfeiture

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

• Larson v. United States
  296 F.2d 167· 8th Cir.· 1961-11-27 ·cited 23×
  The court held that the district court did not abuse its discretion in denying the motion for remission of bond forfeiture, as the surety had knowledge of the defendant's risky behavior and the defendant's return was voluntary.
• United States v. Kirkman
  426 F.2d 747· 4th Cir.· 1970-05-26 ·cited 18×
  The court held that the sureties were entitled to full remission of the bond forfeiture because the Bail Reform Act was not properly followed, and they could not have prevented the defendant's actions. For the defendant, the court ordered partial remission, finding his actions wa
• Sur. Cont'l Heritage Ins. Co. v. Orange Cnty.
  798 So. 2d 837· Fla. 5th DCA· 2001-11-02 ·cited 10×
  Surety Continental Heritage Insurance Company appeals the denial of its motion for remission of a forfeited bond after defendants failed to appear at trial. The court reversed, holding that Continental substantially attempted to procure the defendants' apprehension when it locate
• Schaefer v. State
  369 So. 2d 443· Fla. 3d DCA· 1979-04-10 ·cited 8×
  Appellants, a bail bondsman and surety company, challenge a judgment forfeiting a bail bond when the defendant they secured failed to appear. The court reversed, holding that bail bondsmen must receive actual notice of a defendant's required court appearance, and the trial court'
• Leach v. State
  293 So. 2d 77· Fla. 1st DCA· 1974-04-23 ·cited 8×
  The court held that a petition for bond remission filed within one year of forfeiture may be granted even if the court's ruling occurs after the one-year period. The court also clarified that the surety's apprehension of the defendant is not a prerequisite for remission under all
• State of Fla. & Clerk of the Cir. Court v. Sunshine State Bail Bonds, Inc.
  967 So. 2d 1084· Fla. 2d DCA· 2007-11-09 ·cited 7×
  A circuit court cannot order remission of a bond forfeiture for reasons not specified in section 903.28, Florida Statutes, even if the defendant dies before apprehension.
• 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.
• State v. Allstar Bail Bonds
  983 So. 2d 1218· Fla. 5th DCA· 2008-06-20 ·cited 2×
  The State appeals a trial court's order remitting a portion of a forfeited bail bond after the defendant died before being apprehended. The court holds that a defendant's death does not excuse a bail surety's obligation to produce the defendant, and remission is available only un
• Clerk of the Cir. Court & Comptroller of Collier Cnty. v. Yoelvis Denis Hernandez
  Fla. 2d DCA· 2022-08-19
  The appellate court reversed a lower court's order granting remission of a bail bond. The court held that remission was improper because the defendant's return to the jurisdiction was not met and his prosecution was thwarted by his own actions leading to federal charges.
• #1 Anytime Bail 24/7 Inc. & Palmetto Sur. Corp. v. State of Fla. & Clerk of the Cir. Court for Citrus Cnty.
  Fla. 5th DCA· 2019-08-22
  The court held that the surety substantially attempted to procure the defendant's apprehension by petitioning for his transfer, meeting statutory requirements for remission.
• 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)