EWING v. KAPLAN

No. 84-2369.

474 So.2d 302 (1985)

Fenton C. EWING, Catalina Ewing and El Centro, Inc., a Florida Corporation, Appellants, v. Stanley P. KAPLAN, As Personal Representative of the Estate of Gerald D. Yanks, a/K/a Jerry Yanks, a-1 Management, Inc., a Florida Corporation D/B/a a-1 Bail Bonds, Gene R. Shryock, Florida Bail Bonds, Inc., a Florida Corporation and Indemnity Insurance Company of North America a New York Insurance Company Authorized to Do Business in the State of Florida, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 10, 1985.


Attorney(s) appearing for the Case

Gaston Snow & Ely Bartlett, Hall & Swann and Richard H.M. Swann and John J. Sullivan, Coral Gables, for appellants.

Horton, Perse & Ginsberg and Mallory Horton, Miami, for appellees.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.


SCHWARTZ, Chief Judge.

We agree with the conclusions below that the provision of section 903.14(3), Florida Statutes (1981)1 that the bondsman's statement of any bond indemnification agreement "must" be filed in the trial court within thirty days after the execution of the bond is directory rather than mandatory; and, as a result, that the mere and admittedly non-prejudicial2 fact — upon which the indemnitors...

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