Legal Opinion · Concurrence

Amwest Surety Insurance Co. v. State

District Court of Appeal of Florida

Decided November 20, 1998No. 97-1215Published

1ConcurrenceW. Sharp, J.

I agree with the result in this case, but for different reasons. Whether the motion for rehearing was late by one day is immaterial. It would not have changed the result in this case even had it been timely. Thus, that is not the proper hook upon which to hang this cloak.

The record in this case shows that in 1992, James Perldns was charged with a crime or crimes. He obtained a $100,000 bond from Amwest Surety Insurance Company, through *409A. Tomlinson’s Bail Bond Company. Perkins later committed suicide. Initially, the trial court forfeited the bond.

Tomlinson filed a motion for relief from…

2Cases cited5 opinions

  1. Potucek v. SmejaDistrict Court of Appeal of Florida · 1982
  2. Intercoastal Marine Towers v. Suburban Bk.District Court of Appeal of Florida · 1987
  3. Smith v. WeedeDistrict Court of Appeal of Florida · 1983
  4. Ramos v. StateDistrict Court of Appeal of Florida · 1984
  5. Irwin v. WalkerDistrict Court of Appeal of Florida · 1984

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