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WILEY v. STATE

No. AU-333.

451 So.2d 916 (1984)

Ralph WILEY, II, and Homer F. Ratliff, Dependable Insurance Company, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 28, 1984.

Attorney(s) appearing for the Case

Barry L. Zisser of Zisser, Robison, Spohrer, Wilner & Harris, Jacksonville, for appellants.

Eric J. Taylor, Asst. Atty. Gen., Tallahassee, for appellee.

ZEHMER, Judge.

Dependable Insurance Company and its agent, Homer F. Ratliff (hereinafter referred to as the surety), appeal the circuit court's refusal to vacate a final judgment of forfeiture of an appearance bond on which they were obligated as surety. The question presented is whether an order vacating forfeiture for failure to give the surety timely notice of when the defendant had to appear, as required by section 903.26(1)(b), Florida Statutes (1979), operated...

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