State v. Hinnant

*347McGEE, Chief Judge.

*786The Wilson County Board of Education ("the Board of Education")1 appeals from an order allowing a motion to set aside a bond forfeiture filed by Terrence C. Rushing ("Bail Agent") on behalf of Agent Associates Insurance, L.L.C. ("Surety"). Because the record on appeal indicates that, at the time Surety posted the bond, it had actual notice that defendant Ricky Lee Hinnant ("Defendant") had failed to appear in the same matter on at least two prior occasions, the trial court was prohibited by statute from setting aside the bond forfeiture. Accordingly, we reverse.

I. Background