Legal Opinion

State Ex Rel. the Guilford County Board of Education v. Herbin

Court of Appeals of North Carolina

Decided September 6, 2011No. COA10-1178PublishedCited by 2 opinions

1Opinion of the Court

BRYANT, Judge.

In this appeal we affirm the ruling of the trial court and hold that a bail agent may file a motion to set aside forfeiture as the filing of such motion does not constitute an appearance before a judicial body and therefore does not constitute a violation of N.C. Gen. Stat. § 84-4 regarding the unauthorized practice of law.

Facts and Procedural History

In September 2009, Brandon Morgan (bail agent) executed an Appearance Bond on behalf of Allegheny Casualty Company (corporate surety) for the pretrial release of Theodore Douglas Herbin (defendant). When defendant was called and…

2Cases cited6 opinions

  1. Lexis-Nexis v. Travishan Corp.Court of Appeals of North Carolina · 2002
  2. Gardner v. North Carolina State BarSupreme Court of North Carolina · 1986
  3. State v. PledgerSupreme Court of North Carolina · 1962
  4. Matter of Estate of TrogdonSupreme Court of North Carolina · 1991
  5. Martin v. North Carolina Department of Health & Human ServicesCourt of Appeals of North Carolina · 2009

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. State v. CashCourt of Appeals of North Carolina · 2020
  2. State v. CashCourt of Appeals of North Carolina · 2020

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