State ex rel. Dade County v. Public Service Mutual Insurance Co.

This appeal is by the plaintiff below from an order of the circuit court of Dade County vacating a final judgment plaintiff had obtained against the surety (Public Service Mutual Insurance Company) on a defaulted appearance bond.

Eddie Burke was charged by information with issuing a worthless check. He was released on the appearance bond. Burke failed to appear on August 24, 1973 as required. The bond was forfeited by the court (§ 903.26(2) Fla.Stat., F.S.A.), and certification thereof was filed and recorded in the office of the Clerk of the Circuit Court on August 24, 1973 (§ 903.26(4) (a)…