The court docket famous that Alladin was not mislead by the clerk’s mistake. Unfortunately, on the second motion the court held that there was no statutory authority to extend the 90 days to get well the defendant despite the fact that it was the custom of the courts to do so.
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The Court agreed that the ninety day period for automated exoneration can’t be prolonged, however thought that was irrelevant to this case as a result of the surety didn’t transfer to extend the 90 day period. Rather, the surety sought to exonerate the bond (earlier than remittance) pursuant to Rule forty six.
There was, due to this fact, no abuse of the trial courtroom’s discretion in denying the extension requested by Alladin. Presumably, extensions will now not be out there unless or till laws is obtained to authorize them. Gardner v. Allstar Bail Bonds, 983 So.2nd 1218 (Fla.App. 2008) the defendant failed to seem and the surety paid the forfeiture. Approximately 15 months later, the surety discovered that the defendant had died.
State v. Vargas, 111 P.3d 621 (Idaho App. 2005) is a really unfortunate case. Alladin Bail Bonds appealed denial of its motion to set aside forfeiture and motion to increase the 90 day period to provide the defendant. The first motion was primarily based on the truth that the clerk put the wrong date on the discover of forfeiture so it was mailed inside the required 5 days of the particular … Read More