Prieto Bail Bonds v. State

OPINION ON REMAND

LARSEN, Justice.

Prieto Bail Bonds appeals a judgment nisi and subsequent judgment forfeiting a $40,000 bail bond upon which Prieto was surety. We reverse and render.

Oath of Senior Judge Jerry Woodard

In its first point of error, Prieto contends that the judgment of forfeiture is invalid because the judgment nisi, a procedural prerequisite to the forfeiture, was defective as the judge who signed it failed to take an oath of office. We initially affirmed the trial court’s judgment by holding that the presiding judge was a de facto judge acting under color of title and the only…