Citation Bonding Co. v. State

McMurray, Presiding Judge.

Following the grant of judgment absolute on a criminal bond forfeiture, Citation Bonding Company, Inc., moved to set aside the judgment pursuant to OCGA § 9-11-60 (d). The motion to set aside was denied and the bonding company brought this direct appeal. Held:

Bond forfeiture proceedings are civil in nature. State v. Slaughter, 246 Ga. 174, 176 (269 SE2d 446). Thus, if “the bond forfeited is void on its face, a motion to set aside is proper. [Cit.]” Gunsallus v. Busbee, 149 Ga. App. 109, 110 (253 SE2d 470). See also Osborne Bonding Co. v. State of Ga., 163 Ga. App.…