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STATE FOR METRO. DADE COUNTY v. SAIZ

No. 88-919.

547 So.2d 208 (1989)

The STATE of Florida, FOR the Use and Benefit of METROPOLITAN DADE COUNTY, Appellant, v. Orestes SAIZ, Appellee.

District Court of Appeal of Florida, Third District.

July 5, 1989.

Attorney(s) appearing for the Case

Robert A. Ginsburg, Dade County Atty. and Thomas W. Logue, Asst. County Atty., for appellant.

Sperber & Goldberg and Harris Sperber, for appellee.

Before SCHWARTZ, C.J., and BARKDULL, HUBBART, NESBITT, BASKIN, FERGUSON, JORGENSON, COPE, LEVY and GERSTEN, JJ.

ON HEARING EN BANC

FERGUSON, Judge.

The State appeals from a final order setting aside the estreature of a bail bond and discharging the surety.

American Bankers Insurance Company (the surety) wrote a $25,000 bail bond assuring the court appearance of Orestes Saiz, accused in a criminal information of trafficking in cocaine. When Saiz failed to appear for trial the court estreated the bond and issued a capias.1

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