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RESOLUTE INSURANCE COMPANY v. STATE, DADE COUNTY

No. 73-447.

289 So.2d 456 (1974)

RESOLUTE INSURANCE COMPANY, a Rhode Island corporation, Appellant, v. The STATE of Florida, for the Use and Benefit of DADE COUNTY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 26, 1974.

Attorney(s) appearing for the Case

Leonard H. Rubin, Miami, for appellant.

Richard E. Gerstein, State's Atty., and Milton Robbins, Asst. State's Atty., for appellee.

Before BARKDULL, C.J., and PEARSON and CARROLL, JJ.

PEARSON, Judge.

The appellant, Resolute Insurance Company, entered into a written appearance bond for a defendant in the Criminal Court of Record in and for Dade County, Florida. The bond was estreated. Thereafter, the State of Florida secured a judgment upon the bond. Section 903.27(2), Fla. Stat., F.S.A., provides that "[a]fter notice of judgment ... the surety or bail bondsman may within forty-five days file a motion...

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