SOUTHLAND INS. CO., SUR. v. STATE

No. 4-86-0304.

497 So.2d 1331 (1986)

SOUTHLAND INSURANCE COMPANY, SURETY, Appellant, v. STATE of Florida, Sico Brodrick Bonding and Michael Broadhurst, Appellees.

District Court of Appeal of Florida, Fourth District.

November 26, 1986.


Attorney(s) appearing for the Case

Lyle C. Platt of Dubiner & Blumberg, P.A., Boynton Beach, for appellant.

No appearance for appellees.


WALDEN, Judge.

A final judgment was entered against appellant on its $50,000 surety bond because of the failure of defendant, Broadhurst, to appear in court at the appointed time. The surety moved to set aside or stay the judgment, which motion was denied. This appeal ensued.

We are of the opinion that the judgment was erroneously entered and that it should have been set aside for two reasons.

First, the clerk of court failed to give the surety the...

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