STATE v. SEYBERT

No. 87-342.

745 P.2d 687 (1987)

STATE of Montana, Plaintiff and Respondent, v. Paul SEYBERT and Denise "Dusty" Rogers Seybert, Defendants, v. AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, Appellant.

Supreme Court of Montana.

Decided November 19, 1987.


Attorney(s) appearing for the Case

Brad L. Belke, Butte, for appellant.

Mike Greely, Atty. Gen., Betsy Brandborg, Asst. Atty. Gen., Helena, Loren Tucker, Co. Atty., Virginia City, for plaintiff and respondent.


SHEEHY, Justice.

Appellant American Bankers Insurance Company of Florida (American) appeals the judgment of the District Court of the Fifth Judicial District, Madison County, partially forfeiting the Seyberts' bond for failure to appear. We reverse.

The issue before the Court is whether the forfeiture constituted a clear abuse of direction.

The Seyberts were arrested in connection with two burglaries of McAlear...

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