State v. Garcia

11 SEXTON, Judge,

dissenting.

The plaintiff bonding company filed suit to nullify a bond, asserting three contentions. The first point is that the bond was not executed before an officer authorized to take it. I agree this point is correctly analyzed and disposed of in State v. Wafer and American Bonding Company, 27,433 (La.App. 2d Cir. 9/27/95) 661 So.2d 569.

However, I disagree that the bonding company inadequately presented its other two contentions to the district court, and therefore these should be disregarded by us. These two points are that the notice of forfeiture failed to include the…