Allied Fidelity Ins. Co. v. State

Summary

The Florida Third District Court of Appeal held that the 72-hour written notice requirement for notifying a bail surety of a forfeiture under section 903.26(2), Florida Statutes (1979), is directory rather than mandatory. Late notice therefore did not prevent the trial court from entering judgment on the forfeitures. The court also concluded that Allied Fidelity failed to demonstrate specific prejudice warranting vacation of the judgments and affirmed.

Holdings

1. The notice requirement in section 903.26(2), Florida Statutes (1979), is directory rather than mandatory; failure to provide written notice within seventy-two hours does not prevent the trial court from entering judgment on an already-declared forfeiture.
2. Allied's generalized affidavits did not establish specific prejudice, and the trial court did not abuse its discretion by refusing to vacate the forfeiture judgments.

Questions Presented

1. Whether a trial court may enter judgment against a bail-bond surety when written notice of forfeiture was not provided within the seventy-two-hour period in section 903.26(2), Florida Statutes (1979).
2. Whether Allied's generalized assertions of prejudice from late forfeiture notice required the trial court to vacate the forfeiture judgments.

Disposition

affirmed