Milton v. State ex rel. Dade County

This is an appeal by William Battle Milton, defendant and Resolute Insurance Company, surety, from a judgment of forfeiture of an appearance bail bond and an order denying appellants’ motion to vacate said judgment entered by the Circuit Court of Dade County, Florida.

The record on appeal shows that appellants failed to follow the requirements of § 903.271(2) Fla.Stat., F.S.A., in that the assault upon the judgment was untimely, having been made almost six months after its entry and because the application to set aside the judgment was not accompanied by an affidavit setting forth the facts on…