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ALLIED FIDELITY INS. CO. v. STATE

Nos. 81-2052 and 81-2127 to 81-2129.

415 So.2d 109 (1982)

ALLIED FIDELITY INSURANCE COMPANY, Appellant, v. The STATE of Florida, for the Use and Benefit of Dade County, Appellee.

District Court of Appeal of Florida, Third District.

June 15, 1982.

Attorney(s) appearing for the Case

Neil I. Maryanoff, Miami, for appellant.

Robert A. Ginsburg, County Atty. and James A. Jurkowski, Asst. County Atty., for appellee.

Before HUBBART, C.J., and DANIEL S. PEARSON, and FERGUSON, JJ.

DANIEL S. PEARSON, Judge.

The primary issue in these consolidated appeals is whether a court may enter a judgment against a bail bond surety upon unpaid and undischarged forfeitures where written notices to the surety were not given within seventy-two hours of the forfeitures pursuant to Section 903.26(2), Florida Statutes (1979), which provides:

"If there is a breach of the bond, the court shall declare the bond and any bonds or money deposited as bail forfeited...

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