CopyCited 25 times | Published | Florida 3rd District Court of Appeal
...tion when the statutorily prescribed time for the doing of an act is less than seven days. [3] If the surety fails to pay the forfeiture within thirty days and a final judgment is entered, the surety will receive a notice of that action as well. See § 903.27, Fla....
...§
903.29, Fla. Stat. (1979). A surety which has not paid the forfeiture within thirty days is not authorized to seek remission or arrest the defendant and is limited to filing a motion to vacate the final judgment within forty-five days of its entry. §
903.27, Fla....
CopyCited 18 times | Published | Florida 2nd District Court of Appeal
...failed to appear. The clerk of the circuit court later entered judgment against the surety on each bond and the bondsman appeals. We vacate those judgments. The narrow question presented here is whether the clerk had power to enter a judgment under Section 903.27, Florida Statutes (1973) [1] where the state attorney did not file a certified copy of the order of forfeiture, but instead merely presented his "memorandum" that the bail had been ordered forfeited....
...His power to act must clearly appear from a particular statute and the record to which it applies. Pan American World Airways v. Gregory,
96 So.2d 669 (Fla. 3d DCA 1957). Considered in the light of those rules, we think that a circuit court clerk is powerless to enter a judgment under Section *1120
903.27 unless and until he has received and filed a certified copy of an order of forfeiture....
...841 (1931); Kroier v. Kroier,
95 Fla. 865,
116 So. 753 (1928). The judgments are vacated and the cases are remanded to the circuit court for further proceedings consistent with the statute and this opinion. SCHEB, Acting C.J., and RYDER, J., concur. NOTES [1] Section
903.27 reads in pertinent part as follows: (1) If the forfeiture is not paid or discharged within thirty days and the bond is secured other than by money and bonds authorized in §
903.16 ......
CopyCited 12 times | Published | Florida 2nd District Court of Appeal
...in writing. The point is academic here, however, because the required notice itself was never given as required by the Statute. Further statutory provisions relating to forfeiture of bail bonds such as here involved were likewise not observed. F.S. § 903.27, F.S.A....
...certified copy of the order of the court ordering such forfeiture in the office of the clerk of the circuit court of the county wherein such order shall have been made," thereby clearly contemplating that such order of forfeiture must be in writing. § 903.27 then goes on to provide that, upon certain specified procedures being complied with by the prosecuting attorney, the Clerk shall enter a judgment against the bondsman for the amount of the bond and "shall give notice to the surety company t...
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
...The bond was subsequently estreated in the circuit court for non-appearance of Robert Becke in court pursuant to proper notice. A final judgment of forfeiture was thereupon entered by the clerk. The surety Midland Insurance Company filed a timely motion to set aside the final judgment of forfeiture pursuant to Section 903.27, Florida Statutes (1975)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 2409, 2001 WL 219998
...We reverse the trial court's order denying discharge of the forfeitures in this case. The discharge of forfeiture, as conceded by Dolly at oral argument, is subject to Dolly paying the costs and expenses required to return the defendant to Hillsborough County. See § 903.27, Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...nd holidays, before the time of the required appearance of the defendant... . (2) If there is a breach of the bond, the court shall declare the bond and any bonds or money deposited as bail forfeited. The forfeiture shall be paid within thirty days. Section 903.27, Florida Statutes (1975), states that if the forfeiture is not paid or discharged within thirty days the state attorney shall file a copy of the forfeiture order with the clerk, who shall thereupon enter the judgment against the surety and furnish the surety company a copy of the judgment within ten days....
...Likewise, we do not believe that the decisions in Resolute II, supra, and the cases following it, Weaver and Allied Fidelity I are necessarily dispositive of the question presented here. In Resolute II, the surety's motion was addressed to the court's discretion under section 903.27(2), which provides that the court may vacate a judgment of forfeiture for good cause shown....
...We are, therefore, unwilling to conclude that the trial court abused its discretion in refusing to vacate the forfeiture judgment on the ground of prejudice to the surety. AFFIRMED. ERVIN, C.J., and BOOTH, J., concur. NOTES [1] In chapter 82-175, Laws of Florida, the legislature made extensive revisions to sections
903.26,
903.27,
903.28, and other sections of chapter 903, Florida Statutes, which became effective October 1, 1982, and neither party has referred to these amendments....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...was not controlling in the cause and awarding $37,500 to the appellant plus interest earned thereon and $100,000 plus accrued interest to Putnam County. Appellant brings a timely appeal. The applicable sections of Florida Statutes are recited below: Section 903.27, Florida Statutes (1979) states: (1) If the forfeiture is not paid or discharged within 30 days and the bond is secured other than by money and bonds authorized in s....
...Appellees never made an attempt to show that the delay thwarted the proper prosecution of Jaffe. Vacating the judgment was crucial to the appellant's claimed right to remission pursuant to section
903.28 because a sister court has held that once a forfeiture judgment is rendered only section
903.27 dealing with setting aside the judgment is operative. Resolute Insurance Company v. State,
289 So.2d 456 (Fla. 3d DCA 1974). However, in Resolute the time for filing a motion to set aside the judgment pursuant to section
903.27 (45 days) had already run. Thus, the court was not confronted with the situation before this court. Once a judgment has been vacated pursuant to subsection
903.27(2) or Florida Rule of Civil Procedure 1.540(b) are appellant's rights pursuant to
903.28 reborn if the one year time limit has not run? United Bonding Insurance Company v. State,
242 So.2d 140 (Fla. 1st DCA 1970) indicates that those rights are in fact reborn if the whole judgment is set aside. In United Bonding the court held that a judgment entered after a forfeiture was paid was void under section
903.27 and section
903.28 applied to the facts in that case....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...The appellant, Resolute Insurance Company, entered into a written appearance bond for a defendant in the Criminal Court of Record in and for Dade County, Florida. The bond was estreated. Thereafter, *457 the State of Florida secured a judgment upon the bond. Section 903.27(2), Fla....
...The circuit judge denied the motion upon the ground that he was without jurisdiction to order a remission under the provisions of §
903.28 because the section "does not apply to forfeitures reduced to judgment". We are therefore presented with a clear question as to whether or not these two sections (
903.27 and
903.28) can be reconciled, and if they cannot, which prevails under the situation above set out....
...endant had been unable to appear because he was incarcerated in another state. October 26, 1972 The defendant was surrendered to the sheriff's office. December 22, 1972 The circuit court denied a motion to vacate final judgment and discharge surety. Section 903.27 presently reads as follows: "903.27 Forfeiture to judgment....
...hapter 70-339, § 34, Laws of Florida, 1970. [2] It is apparent that the sections were originally designed to apply to different courts. Section
903.28, the remission of forfeiture section, would ordinarily have been applied in the trial court while section
903.27, the forfeiture to judgment section, by its terms applies only to the circuit court....
...t the result was in accord with the public policy of the State. We therefore decline to declare either of these sections inoperative and hold in accordance with the decision in Keefe, supra, that once the forfeiture has been reduced to judgment only section 903.27 dealing with the setting aside of judgment is operative....
...Therefore, the trial court properly denied appellant's application for remission of forfeiture. In the interest of consistency, we note, as we have held in City of Miami Beach v. Boyden, Fla.App. 1970,
232 So.2d 429, that notwithstanding the fact that the surety has failed to comply with §
903.27, it may seek relief pursuant to Rule 1.540(b), RCP, 31 F.S.A., when such is applicable....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 6652, 2003 WL 21012256
...A hearing was held on the motion on May 30, 2002. At the conclusion of the hearing, the trial court denied the motion. That same day, Al Estes Bonding paid the $15,000 bond pursuant to section
903.26 in order to *256 avoid the entry of a judgment against the surety under section
903.27, Florida Statutes (2002)....
...feiture of a bail bond are interlocutory in nature" and thus nonappealable. Id. at 1102. We are troubled by this reasoning because if the surety pays its money to the clerk of court pursuant to section
903.26, no final judgment will be entered under section
903.27....
...In theory, a bail bondsman could refuse to pay the forfeiture and force judgment to be entered against the surety. We are hesitant to require such action as a prerequisite for appellate review because a judgment against the surety can have other consequences for the bail bondsman. See § 903.27, Fla....
...Accordingly, we conclude that an order denying a motion to set aside an estreature under section
903.26 may be reviewed by certiorari if the bond has been paid; the bail bondsman is not forced to allow the issue to go to judgment against the surety under section
903.27 prior to seeking review....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 15794, 2001 WL 1386580
...If the surety does not either pay the bond amount or obtain a discharge order within sixty days the clerk must enter a final judgment against the surety for the amount due. If that judgment is not paid within thirty-five days, notice of the failure to do so is transmitted to Florida's Department of Insurance. § 903.27(1), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 16657, 2005 WL 2673868
...because Snapp failed to file a Sheriff's receipt with the clerk, and thus evidence of payment of the transport cost was absent from the file. He also argued that because the forfeiture judgment had been rendered, Snapp could only seek a remedy under section 903.27(5)....
...et aside the judgment .... (emphasis added) However, that remedy was not available to Snapp, at that point in time, because it had not paid the forfeiture judgment. On October 28, 2004, Snapp paid the judgment and interest and sought a rehearing. If section 903.27(5) is applicable to this case, which we question, payment was within the required 35-day period to obtain timely relief....
...The result follows that the forfeiture judgment rendered below was void and contrary to law. [7] If a clerk acts prematurely, the judgment entered is not merely voidable. [8] Failure to have granted relief specified by section
903.26 to the bonding company caused it to have to pay the forfeited bond under section
903.27, to avoid dire consequences to its business operations. [9] Had the circuit court denied relief initially because Snapp failed to pay the judgment, it should have granted a proper remedy on rehearing when Snapp timely paid the forfeited bond within the 35 days specified by section
903.27....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2012 WL 2052773, 2012 Fla. App. LEXIS 9193
...tent to defraud”; however, as noted above intent to defraud is no longer an element of the crime. *1079 In Ferlita v. State,
380 So.2d 1118, 1119 (Fla. 2d DCA 1980), this court examined whether the clerk of court could enter a judgment pursuant to section
903.27, Florida Statutes (1973), when the State failed to file a certified copy of an order of forfeiture as required by statute, but instead only presented a memorandum that the bail had been ordered forfeited....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2012 WL 4448863, 2012 Fla. App. LEXIS 16034
...Contrary to section
903.26(8), Florida Statutes (2009), however, the Clerk did not discharge the forfeiture of the bond. Instead, on September 15, the Clerk entered a final judgment of bail forfeiture against Continental for $5000, plus costs and interest, pursuant to section
903.27(1), Florida Statutes (2009)....
...at the Clerk erroneously sent the forfeiture to final judgment. In its response, the Clerk objected to vacating the judgment and asserted that Continental was required to deposit the judgment amount in escrow if it wished to vacate the judgment. See § 903.27(5), Fla....
...In a supplemental filing with the Court, the Clerk advised this Court that "[i]f the Court remands this matter to the trial court and authorizes the trial court to proceed without requiring the Appellants to pay into escrow the amount of the judgment as otherwise required by Section 903.27(5), the procedural objection previously raised by the Clerk will be obviated .......
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...r at any other time thereafter. Second, it appears that appellant's motion to vacate final judgment was untimely inasmuch as the filing thereof was in excess of 45 days after the order of forfeiture had been entered in violation of the time limit in § 903.27(2), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 11733, 1996 WL 648294
...to appear for trial. Because there was a breach of the bond, the court declared the bond forfeited. §
903.26(2)(a), Fla. Stat. (1995). Mann and Severson failed to pay within 35 days and a judgment on the bond estreature was entered on May 19, 1994. §
903.27(1), Fla....
...Dade County,
289 So.2d 456 (Fla. 3d DCA 1974). Thus, timely vacating the judgment is essential to a surety's right to remission. Accredited Surety at 381. As the County correctly notes, Mann and Severson did not move to set the judgment aside until 118 days after it was entered. §
903.27(5), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 112, 1986 Fla. App. LEXIS 11166
...On 11 April 1986, a final order was entered, herein under appeal, denying the Surety's requested relief upon a finding that the motion to vacate was untimely filed, and thus the court was without jurisdiction to grant any effective relief. The court so ruled relying on Section 903.27(5), Florida Statutes, which proscribes a 45-day time limit for the filing of motions to stay or to set aside a judgment of forfeiture....
...Having concluded that the notice required by Section
903.26(1)(b) was not provided to the Surety herein, it remains to be decided whether the trial court erroneously determined that it did not have jurisdiction to grant relief from the faulty judgment of forfeiture. Section
903.27(5) proscribes a 45-day time limit for the filing of motions to set aside judgments of forfeiture, and specifies that a trial court can only set aside a judgment for those reasons for which the forfeiture could have been discharged....
...The court shall condition a discharge or remission on the payment of costs and the expenses incurred by an official in returning the defendant to the jurisdiction of the court. (6) The discharge of a forfeiture shall not be ordered for any reason other than as specified herein. The trial court relied on Section 903.27(5) to find it was without jurisdiction to grant relief in this cause; however, in so doing the Court failed to consider that Fla.R....
...State,
289 So.2d 456 (Fla. 3d DCA 1974), and Miami Beach v. Boyden,
232 So.2d 429 (Fla. 3d DCA 1970), both directly held that a surety may seek *935 relief pursuant to Fla.R.Civ.P. 1.540(b), when such is applicable, notwithstanding a failure to comply with Section
903.27....
CopyPublished | Florida 3rd District Court of Appeal
...The appellants executed surety bonds in certain criminal proceedings. Thereafter, as the matters proceeded, the defendants failed to appear and orders of estreature were entered by the several judges presiding over the criminal causes. Subsequently, statutory proceedings were instituted pursuant to § 903.27(1), Fla....
...Stat., to have judgments entered on the estreature orders; five such judgments were duly entered against the appellants as the sureties on the original appearance bonds. These judgments assessed costs and provided for interest from the date of the judgments. Pursuant to the provisions of § 903.27(1), Fla....
...al judgments against the appellee as the Clerk of the Circuit Court. The trial court dismissed the action, finding that it was without jurisdiction to entertain same. Implicit in its holding was that the remedy afforded a surety company, pursuant to § 903.27(2), *862 Fla....
...The sureties executed the bonds, received the premiums, knew what the statutes provided and, upon receipt of the final judgments if they thought there were any errors contained therein, they should have sought relief within the forty-five day period provided for in § 903.27(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 7734
PER CURIAM. Affirmed. See §
903.27(2), Fla.Stat. (1977); Allied Fidelity Insurance Company v. State
CopyPublished | Florida 2nd District Court of Appeal | 2011 WL 5252736, 2011 Fla. App. LEXIS 17502
...Zabala’s failure to appear as required, the trial court declared the bonds forfeited. Clerk Brock timely gave to Singh and Sun the statutorily required notice of bond forfeiture on October 29, 2009. See §
903.26(2)(a), Fla. Stat. (2009). Singh and Sun then timely filed a motion to set aside the forfeiture. See §
903.27(5) (allowing the surety or the bail bond agent thirty-five days to seek relief from the forfeiture)....
...6 When Singh and Sun were informed of the trial court’s decision to deny their motion to set aside the forfeiture, they timely filed a notice of appeal from Clerk Brock’s amended bond forfeiture judgment. JURISDICTION Based on the following language of section 903.27(1), the amended bond forfeiture judgment, entered under Clerk Brock’s authority as Clerk of the Court, is a final appealable order: If the forfeiture is not paid or discharged by order of a court of competent jurisdiction within 60 d...
...Comm’rs,
845 So.2d 254, 256 (Fla. 2d DCA 2003) (holding that review of the trial court’s denial of the bail bondsman’s motion to set aside the forfeiture would be by certiorari and would allow the matter to be adjudicated before entry of judgment against the surety). ANALYSIS Section
903.27 sets forth a precondition to seeking to discharge or to set aside a bond forfeiture: (5) After notice of judgment against the surety given by the clerk of the circuit court, the surety or bail bond agent may within 35 days file a motion to set aside the judgment or to stay the judgment....
...Friedman,
825 So.2d 1010 (Fla. 4th DCA 2002), as a practical matter, including the same will eliminate any issue in ... regard [to applying] for a writ of execution....” Willis v. Red Reef, Inc.,
921 So.2d 681, 684-85 (Fla. 4th DCA 2006). By the means of section
903.27(1), the legislature has endowed the clerks of court with the authority to enter final, executable judgments in bond forfeiture cases....
CopyPublished | Florida 1st District Court of Appeal | 1983 Fla. App. LEXIS 19380
...he order from which the appeal is taken was not final and is a nonappealable nonfinal order. Indeed, its concluding sentence is: “Appropriate documents shall be prepared to give effect to this Order, and to proceed to entry of judgment pursuant to Section
903.27, Florida Statutes, 1981.” As it does not appear that judgment has been entered as provided by section
903.27(1), nor that appellants have surely abandoned remedies available in circuit court under section
903.26(5) or
903.27(2), the appeal is DIS *309 MISSED without prejudice to appellants’ rights to appeal from a final judgment....
CopyPublished | Supreme Court of Florida | 1955 Fla. LEXIS 3382
...would pay if he overstayed his time of actual liberty. Of course, he was under constructive restraint all the while because he had been arrested for a crime for which he would be answerable once the court convened. It is true that under the statute, Section 903.27, Florida Statutes 1953 and F.S.A., the opportunity is given satisfactorily to explain the breach of the obligation and the judge may, if satisfied, direct the forfeiture to be discharged....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 18938
SHARP, Judge. This is an appeal from an order estreat-ing or forfeiting a Surety’s bond. The Surety company appeals the estreature before entry of a final judgment pursuant to section 903.27, Florida Statutes (1979)....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6834
...When Boyden failed to make his appearance on said date, the trial judge ordered his bond estreated and, pursuant to the provisions of §
903.26, Fla.Stat., F.S.A., this estreature order was filed with the Clerk of the circuit court and an appropriate judgment thereon was ultimately entered in accordance with §
903.27, Fla.Stat., F.S.A. Thereafter, without the fifteen-day period provided for in §
903.271, Fla.Stat., F.S.A., the surety moved to vacate the judgment, which motion was denied and properly so....
...in another jurisdiction, and subject to at least two other charges before he could answer to the charges pending in the municipal court of the appellant. We agree that, notwithstanding the fact that the surety failed to comply with the provisions of § 903.271, Fla.Stat., F.S.A....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16505
22, 1979, a judgment was entered pursuant to Section
903.27, Florida Statutes (1979). At no time did the
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20516
nor made any mention of the provisions of Section
903.27(2), Florida Statutes (1977). Thus we are not
CopyPublished | Florida 3rd District Court of Appeal | 1979 Fla. App. LEXIS 21192
PER CURIAM. Affirmed. See Section 903.27(2), Florida Statutes (1977); Resolute Insurance Company v....
CopyPublished | Florida 4th District Court of Appeal | 1966 Fla. App. LEXIS 5142
judgment by the circuit court pursuant to F.S.A. §
903.27. Once the forfeiture has been reduced to judgment
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 13967
forfeiture. As the state correctly points out, Section
903.27(2), Florida Statutes (1977), is applicable
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5367
...orders of forfeiture from the Criminal Court of Record, in and for Dade County, Florida. These appeals have been consolidated by order of this court. Appellant argues that the final judgments were improperly entered by the trial court judge and that § 903.27, Fla.Stat., F....
...se items are not specifically authorized under the terms of the statute. While these points were vigorously argued here we cannot consider them as they are raised for the first time on appeal and were never presented to the trial judge for a ruling. Section 903.271, Fla.Stat., F.S.A., permits appellant the right to have presented these arguments and points to the Circuit Court and permits that court to set aside the final judgment in whole or in part for reasonable cause shown within a time certain....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5316
...The $18,000 was paid to the Clerk of the Circuit Court on June 13, 1969, within the thirty days allowed by statute. On June 16, 1969, Mrs. Babson was arrested in Ohio, and on that same day the Clerk of the Circuit Court erroneously entered judgment on the bond under F.S. § 903.27, F.S.A....
...“reasonable cause” to invoke the court’s discretion for consideration of remission in whole or in part. We agree. Appellee takes the position that Crompton v. State 1 has settled the issue involved. There the Supreme Court in construing F. S. § 903.27, F.S.A., in 1955 held that under the statute as it existed at that time the trial judge correctly refused to set aside the estreature order because a showing that the surety had made a diligent attempt to locate defendant or to help the sheriff do so was insufficient grounds. The Supreme Court’s opinion noted that the fault of the principal was not explained. At that time F.S. § 903.27, F.S.A., (1953) provided that the court may discharge the forfeiture if “the breach of the undertaking is satisfactorily explained and the defendant shall in all other respects have complied with the condition of the undertaking.” The S...
...omething less than the circumstances under which the court is required by the mandatory provisions of the law to grant a full remission or to discharge the forfeiture. We find that the Crompton case is not controlling in the instant case. Under F.S. § 903.27, F.S.A., the Clerk was authorized to enter judgment only if the forfeiture was not paid so the Clerk’s judgment is void; the bondsmen, having shown a financial interest in the forfeiture, are proper parties; and United Bonding is an indispensable party....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 5730
...r Dade County, Florida, to answer charges of unlawful possession of a narcotic drug and possession of implements for drug use. The principal failed to appear and the court ordered the Five Thousand Dollar bond forfeited on July 22, 1971. Pursuant to § 903.27, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1988 WL 81854
...The circuit court granted the motion and entered an order providing for a 70% remission of the forfeited bail bond. The authority of the trial court to order a remission is derived from section
903.28, Florida Statutes (1985). Once a forfeiture has been reduced to judgment, however, section
903.27, Florida Statutes (1985), exclusively governs the setting aside of a judgment....
...3d DCA 1974). In this case, the forfeiture was reduced to judgment because of the surety’s failure to pay the forfeiture within the prescribed time period. The trial court incorrectly invoked the provisions of section
903.28 on behalf of the surety where section
903.27 controlled....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1869, 1986 Fla. App. LEXIS 9532
...tation on the arrest power for a term not to exceed two years after payment of the forfeiture. It in no way impinges upon the surety’s right to bring the defendant before the court within the 35 days before a judgment is entered on the forfeiture. § 903.27(1), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 1829, 1984 Fla. App. LEXIS 14695
...Appellant bondsman has a total of eight issues on appeal, none of which the county addresses in its briefs. Instead it depends on the single theory that this court has no jurisdiction because the bondsman did not file a motion to set aside the Final Judgment within the 45 day time limit of Section 903.27(5), Florida Statutes (1983): (5) After notice of judgment against the surety given by the clerk of the circuit court, the surety or bail bondsman may within 45 days file a motion to set aside the judgment....
CopyPublished | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 11254, 2001 WL 906800
LEWIS, J. The State of Florida, Appellant and respondent below, seeks review of an order vacating a final judgment entered pursuant to section 903.27(1), Florida Statutes (1999), based on the forfeiture of an appearance bond....
...On November 8, 1999, pursuant to section 908.27, *1193 Florida Statutes(1999), the trial court entered a final judgment against Appellees. Appellees filed a motion to vacate that final judgment on September 18, 2000, months after the expiration of the thirty-five day period for setting aside the judgment set forth in section 903.27(5), Florida Statutes (1999)....
CopyPublished | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 4467
forfeiture- and, pursuant to the provisions of § 903.-27, Fla.Stats., F.S.A., the Clerk of the Circuit
CopyPublished | Florida 3rd District Court of Appeal | 1990 Fla. App. LEXIS 2251, 1990 WL 41211
...A final judgment was entered against American Bankers, the surety on a bail bond. Between fifty-five and sixty days thereafter (a) the surety apprehended the defendant in Peru and surrendered him to the court; (b) the surety paid the amount of the bond; and (c) the surety moved to set aside the judgment pursuant to section 903.27(5), Florida Statutes (1987)....
...Quesada,
529 So.2d 792, 793 (Fla. 3d DCA 1988); Resolute Ins. Co. v. State ex rel. Dade County,
289 So.2d 456, 458 (Fla. 3d DCA 1974). American Bankers concedes that sections
903.26 and
903.28 are unavailable to it, but argues that relief is available under subsection
903.27(5), Florida Statutes (1987), which provides: After notice of judgment against the surety given by the clerk of the circuit court, the surety or bail bondsman may within 60 days file a motion to set aside the judgment or to stay the judgment....
...The filing of such a motion, when accompanied by the required escrow deposit, shall act as an automatic stay of further proceedings, including execution, until the motion has been heard and a decision rendered by the court. The State contends, in substance, that a motion to set aside the judgment under subsection 903.27(5) only allows the trial court to revisit errors of substance or procedure leading up to the entry of judgment....
...the underlying forfeiture could be set aside”) (footnote omitted). It follows, according to the State, that apprehension of a defendant after entry of judgment can never constitute good grounds to set aside a forfeiture judgment. Prior to 1986, subsection 903.27(5) contained a sentence which provided, “Upon the filing of such a motion [to set aside the judgment or to stay the judgment], the court may stay execution on the judgment or set aside the judgment in whole or in part only for those reasons for which the forfeiture could have been discharged.” See id....
...Under that version of the statute, there was an express limitation on the grounds for the motion. That sentence was deleted when the statute was amended in 1986, ch. 86-151, § 9, Laws of Fla., and the amendment substituted the present final sentence in subsection 903.27(5)....
...er; if section
903.28 were applicable to the present case, it would limit the recovery to 95 percent of the forfeiture amount. §
903.28(3), Fla.Stat. (1987). The 1986 amendment to chapter 903 was comprehensive. In addition to the modification to subsection
903.27(5), the legislature also amended each of the belated surrender provisions just discussed....
...86-151, §§ 8-10, Laws of Fla. In view of the very detailed enactments pertaining to belated surrender which are found in sections
903.26 and
903.28, we conclude that if the legislature had intended belated surrender to be a ground for relief under subsection
903.27(5), then the legislature would have included express language to that effect in the statute. We therefore hold that relief was not available to American Bankers under subsection
903.27(5)....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 13862
...nt on the bond. Final judgment against the surety was entered on November 20, 1973. On January 2, 1974 the surety moved the court to vacate the judgment on the ground that the bonded defendant had been produced by the surety on December 7, 1973. See § 903.27(2) Fla.Stat., F.S.A....
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15026
...authorizes forfeiture of bail bonds in designated circumstances. Subparagraph (5) thereof *519 provides that the court may discharge a forfeiture within thirty days, for reasons or circumstances set out therein. If the forfeiture is not paid or discharged within thirty days, § 903.27 provides for a copy of the order of forfeiture to be filed in the office of the clerk of the circuit court, who shall enter judgment against the surety, and “furnish the surety company at its home office a certified copy of the judgment within ten days.” By subparagraph (2) of § 903.27, after notice of judgment given to the surety by the clerk, “the surety or bail bondsman may within forty-five days file a motion to set aside the judgment,” upon which the court wherein the judgment was entered may set the judgment aside in whole or in part “for reasonable cause shown”....
CopyPublished | Florida 5th District Court of Appeal | 2013 WL 1482778, 2013 Fla. App. LEXIS 5904
...Third, the surety may elect not to pay the forfeiture within the sixty-day period. If the surety follows this course and the bond is secured other than by money and bonds authorized in section
903.16, the clerk of the circuit court shall enter a judgment against the surety. §
903.27(1), Fla. Stat. (2011). After notice of the judgment by the clerk, the surety may have thirty-five days to pay the judgment amount and.file a motion to set aside the judgment or to stay the judgment. §
903.27(4)-(5), Fla....
...nt is resolved. Id. “The filing of such a motion, when accompanied by the required escrow deposit, shall act as an automatic stay of further proceedings, including execution, until the motion has been heard and a decision rendered by the court.” § 903.27(5), Fla....
...ure bail bonds, and the clerk shall furnish the Department of Financial Services, the Office of Insurance Regulations, and the applicable county sheriff with two copies of the judgment and a certificate stating that the judgment remains unsatisfied. §
903.27(1), (3), Fla. Stat. (2011). Here, Polakoff did not file a motion for remission pursuant to section
903.28(1) *257 or a motion to set aside judgment pursuant to the pertinent provisions of section
903.27....
