Otto testified that he notified the Sheriff of Carroll's whereabouts because he was required to do so by section 374.770 in order to prevent forfeiture of Carroll's bond. See State v. Siemens, 12 S.W.3d 776, 781 (Mo.App. 2000). Otto stated that it was important that the Sheriff enter Carroll's failure to appear warrant into the N.C.I.C. system, because "upon the disposition of [Carroll's] Georgia charges, he would have walked out of their jail basically a free man with no holds on him in Missouri."
2012); State v. Cook, 104 S.W.3d 808, 811 (Mo.App.2003); State v. Siemens, 12 S.W.3d 776, 779 (Mo.App.2000). The independent nature of a Rule 74.06 proceeding requires that a new final judgment be entered in that proceeding to invoke appellate jurisdiction.
"A motion to set aside judgment under Rule 74.06 is governed by the sound discretion of the trial court." State v. Siemens, 12 S.W.3d 776, 779 (Mo.App.W.D.2000). As such, this Court will affirm it unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law.
Our review of an order denying a motion to set aside a judgment is governed by our deference to the sound discretion of the trial court, and we will affirm the decision "unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law." State v. Siemens, 12 S.W.3d 776, 779 (Mo.App.W.D. 2000). An action for forfeiture of a bond is civil in nature and is, in essence, an action "to enforce the surety's contract with the State, executed by the former when the recognizance was entered into."