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MILTON v. STATE, DADE COUNTY

No. 72-179.

268 So.2d 552 (1972)

William Battel MILTON, and Resolute Insurance Company, a Rhode Island Corporation, Appellants, v. The STATE of Florida, for the Use and Benefit of DADE COUNTY, Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 14, 1972.

Attorney(s) appearing for the Case

Joel Hirschhorn, Miami, for appellants.

Robert L. Shevin, Atty. Gen., Richard E. Gerstein, State's Atty., and Joseph Durant, Asst. State's Atty., for appellee.

Before PEARSON, HENDRY and HAVERFIELD, JJ.

PER CURIAM.

This is an appeal by William Battle Milton, defendant and Resolute Insurance Company, surety, from a judgment of forfeiture of an appearance bail bond and an order denying appellants' motion to vacate said judgment entered by the Circuit Court of Dade County, Florida.

The record on appeal shows that appellants failed to follow the requirements of § 903.271(2) Fla. Stat., F.S.A., in that the assault upon the judgment was untimely, having been...

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