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STATE, DADE COUNTY v. BURKE

No. 75-1647.

335 So.2d 580 (1976)

The STATE of Florida, for the Use and Benefit of DADE COUNTY, Appellant, v. Eddie BURKE and Public Service Mutual Insurance Company, a New York Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 10, 1976.

Attorney(s) appearing for the Case

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

Benjamin R. Alter, Miami, for appellee.

Before PEARSON, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

Plaintiff, the State of Florida, appeals an order vacating final judgment of forfeiture on an appearance bond against the defendant surety.

Eddie Burke was informed against for issuing a worthless check and was released on a $1,000.00 appearance bond. Burke failed to appear in court and on August 24, 1973 an order of forfeiture, followed by a final judgment on November 20, was entered against him and his surety, Public Service Mutual Insurance...

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