State ex rel. Moore County Board of Education v. Pelletier

CALABRIA, Judge.

The Moore County Board of Education (the “Board”) appeals the trial court’s denial of its motion to grant a new trial or relief from order entered 3 March 2003 granting Lexington National Insurance Corporation’s (the “surety”) motion for relief from final judgment of bond forfeiture. We reverse.

In September 2000, the surety posted bond for Don Pelletier (the “defendant”) in the amount of $150,000.00 for charges pending in Moore County. The defendant failed to appear as required before the court, and the bond was ordered forfeited on 28 February 2001 with a final judgment date…