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Accredited Sur. Cas. v. Putnam Cty

District Court of Appeal of Florida, Fifth District
Jul 24, 1986
491 So. 2d 353 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-1365.

July 24, 1986.

Appeal from the Circuit Court, Putnam County, E.L. Eastmoore, J.

Edward E. Hedstrom, of Hedstrom Smith, Palatka, for appellant.

Ronald E. Clark, Palatka, for appellee.


Accredited Surety and Casualty Co., Inc. appeals from an order discharging an order of forfeiture of a bail bond issued on behalf of Brown, a criminal defendant. An agent of the surety surrendered Brown to the court six days after the forfeiture order. The surety moved to vacate the forfeiture pursuant to section 903.26(5)(c), and the court conditioned the discharge on the payment of $626.00 in "costs and expenses incurred by an official in returning the defendant to the jurisdiction of the court."

Appellant challenges the costs and expense award on the ground that no hearing was held to prove or identify any factual basis for it. However, the record fails to show that appellant requested such a hearing, or that it objected to the entry of the award without an evidentiary hearing and proofs. Without such a showing, we hold that the appellant failed to demonstrate error in this case.

AFFIRMED.

UPCHURCH, C.J., and ORFINGER, J., concur.


Summaries of

Accredited Sur. Cas. v. Putnam Cty

District Court of Appeal of Florida, Fifth District
Jul 24, 1986
491 So. 2d 353 (Fla. Dist. Ct. App. 1986)
Case details for

Accredited Sur. Cas. v. Putnam Cty

Case Details

Full title:ACCREDITED SURETY AND CASUALTY CO., INC., AS SURETY FOR OLIVER LAMAR…

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 24, 1986

Citations

491 So. 2d 353 (Fla. Dist. Ct. App. 1986)