Osborne Bonding & Surety Co. v. State

Ruffin, Judge.

Osborne Bonding & Surety Company (“Osborne”) appeals from the denial of its Motion for Refund of Surety Fees. In its sole enumeration of error, Osborne argues that the trial court misapplied OCGA § 17-6-72 (d) (1). We agree with Osborne and reverse.

On March 16, 1994, an individual signing his name as Lawson Cherry (“Cherry”) entered into an appearance bond in Clayton County, Georgia with Osborne as surety. The bond was conditioned on Cherry’s appearance in the Clayton County Superior Court to answer criminal charges. When Cherry failed to appear, the trial court forfeited the…