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STATE v. MORAN

No. 66-413.

199 So.2d 136 (1967)

The STATE of Florida for the Use and Benefit of DADE COUNTY, Florida, Appellant, v. Mathew K. MORAN and Summit Fidelity & Surety Company, an Ohio Corporation, Authorized to Do Business in the State of Florida, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 7, 1967.

Attorney(s) appearing for the Case

Richard E. Gerstein, State's Atty., Joseph Durant and Roy S. Wood, Asst. State's Attys., for appellant.

Horton & Schwartz, Michael Clein, Lloyd Marks, Miami, for appellees.

Before HENDRY, C.J., and BARKDULL and SWANN, JJ.

HENDRY, Chief Judge.

The state, for the use and benefit of Dade County, seeks reversal of an order of the circuit court granting the surety's motion to vacate final judgment and set aside bond estreature.

Summit Fidelity & Surety Company is the surety on a bond assuring the appearance of Mathew K. Moran for trial on a traffic charge in the Metropolitan Court of Dade County. Moran failed to appear and the bond was estreated by the Metropolitan Court on...

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