Germann v. Tom's 24-Hour Towing, Inc.

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Donna Germann appeals the trial court’s order that her $7,000 payment to the Clerk of the Court or the Sheriff of Elkhart County — paid by her to ensure the appearance of her son Richard Bowen in the proceedings supplemental action by Tom’s 24-Hour Towing (“Tom’s”) to collect on its $6,700.00 judgment against Bowen Products, Inc. — be forfeited to satisfy that judgment.1

We reverse.

ISSUE

Whether the trial court erred in ordering forfeiture of the bond.

FACTS

On May 15, 2000, trial was held on Tom’s claim against Bowen Products, Inc. Tom’s alleged that it…