Narrative Opinion Summary
Accredited Surety and Casualty Co. Inc. appealed an order that discharged a forfeiture of a bail bond for defendant Brown after an agent surrendered him to the court six days post-forfeiture. The surety sought to vacate the forfeiture under section 903.26(5)(c), with the court allowing the discharge contingent upon the payment of $626.00 for costs and expenses related to returning the defendant. The appellant contested this award, arguing that there was no hearing to substantiate the costs. However, the record indicated that the appellant neither requested a hearing nor objected to the award being set without one. Consequently, the court found no error, resulting in an affirmation of the lower court's decision. Judges Upchurch and Orfinger concurred.
Legal Issues Addressed
Affirmation of Lower Court's Decisionsubscribe to see similar legal issues
Application: The appellate court affirmed the lower court's decision due to the absence of any demonstrated error in the process of cost determination and forfeiture discharge.
Reasoning: Consequently, the court found no error, resulting in an affirmation of the lower court's decision.
Discharge of Bail Bond Forfeiture under Section 903.26(5)(c)subscribe to see similar legal issues
Application: The court allowed the discharge of the bail bond forfeiture contingent upon the payment of costs and expenses after the defendant was surrendered post-forfeiture.
Reasoning: The surety sought to vacate the forfeiture under section 903.26(5)(c), with the court allowing the discharge contingent upon the payment of $626.00 for costs and expenses related to returning the defendant.
Requirement of Hearing for Cost Determinationsubscribe to see similar legal issues
Application: The appellant's failure to request a hearing or object to the cost determination without a hearing meant that the court found no procedural error in awarding costs.
Reasoning: The appellant contested this award, arguing that there was no hearing to substantiate the costs. However, the record indicated that the appellant neither requested a hearing nor objected to the award being set without one.