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STATE, DADE COUNTY v. PUBLIC SERVICE MUTUAL INS. CO.

No. 74-1305.

311 So.2d 123 (1975)

The STATE of Florida for Use and Benefit of DADE COUNTY, Appellant, v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY, a New York Corporation, and Eddie Burke, Appellees.

District Court of Appeal of Florida, Third District.

April 22, 1975.

Attorney(s) appearing for the Case

Richard E. Gerstein, State's Atty., and Joseph Durant, Asst. State's Atty., for appellant.

Benjamin R. Alter, Miami, for appellees.

Before BARKDULL, C.J., NATHAN, J., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

This appeal is by the plaintiff below from an order of the circuit court of Dade County vacating a final judgment plaintiff had obtained against the surety (Public Service Mutual Insurance Company) on a defaulted appearance bond.

Eddie Burke was charged by information with issuing a worthless check. He was released on the appearance bond. Burke failed to appear on August 24, 1973 as required. The bond was forfeited by the court (§ 903.26(2...

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