People v. American Bankers Insurance

Opinion

THAXTER, J.

Appellant American Bankers Insurance Company of Florida (American) was the surety on a bail bond. When the defendant failed to appear in court, the bail was forfeited. The defendant later reappeared in court but American took no steps seeking relief from the forfeiture within the statutory period. Summary judgment of forfeiture was then entered, and American moved to set the judgment aside. American appeals from the denial of that motion.

American contends on appeal that the trial court had a sua sponte duty to discharge the bail forfeiture when the defendant reappeared. The…