Legal Opinion

A. A. Professional Bail v. State

Court of Appeals of Georgia

Decided January 7, 2004No. A03A2343PublishedCited by 10 opinions

1Opinion of the Court

Ellington, Judge.

In this discretionary appeal, A. A. Professional Bail (“AAPB”) appeals from the trial court’s order denying its motion to set aside forfeiture of a bond it issued on behalf of John Horsley. AAPB contends OCGA § 17-6-31 (e) precludes the State from forfeiting the bond because the State failed to try Horsley within one year after it was posted. We agree and reverse.

OCGA § 9-11-60 (d) (3) authorizes a trial court to set aside a judgment based upon a “nonamendable defect which appears upon the face of the record or pleadings.” “A trial court’s decision regarding a motion to set…

2Cases cited2 opinions

  1. Risser v. City of ThomasvilleSupreme Court of Georgia · 1982
  2. Head v. Wachovia Bank, N.A.Court of Appeals of Georgia · 2003

3Cited by10 opinions

  1. Couch v. Red Roof Inns, Inc.Supreme Court of Georgia · 2012
  2. Monumedia II, LLC v. Georgia Department of TransportationCourt of Appeals of Georgia · 2017
  3. Hiner Transport, Inc. v. JeterCourt of Appeals of Georgia · 2008
  4. New Cingular Wireless Pcs, LLC v. Georgia Department of RevenueCourt of Appeals of Georgia · 2017
  5. Grant v. StateCourt of Appeals of Georgia · 2010

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