Amwest Surety Insurance Co. v. State

The record shows that in 1992 James Perkins was charged with a crime or crimes. He obtained a $100,000 bond from Amwest Surety Insurance Company through A. Tom-linson’s Bail Bond Company. At some point, Perkins committed suicide. Initially the bond was forfeited by court order.

Amwest filed a motion for relief from judgment pursuant to Florida Rule of Civil Procedure 1.540, on the ground that Perkins’ suicide rendered his return pursuant to the bond an impossibility. On October 14, 1996, the court granted the motion and ordered the forfeited funds to be returned to Amwest.

On October 24, 1996,…