STATE v. BAILEY

No. 21702-CA.

567 So.2d 721 (1990)

STATE of Louisiana, Plaintiff/Appellee, v. Pete BAILEY, Jr., Defendant/Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied October 25, 1990.


Attorney(s) appearing for the Case

Smith-Martin by Graymond F. Martin, New Orleans, for defendant/appellant.

Earl Cox, Asst. Dist. Atty., Monroe, for plaintiff/appellee.

Before FRED W. JONES, Jr., SEXTON and NORRIS, JJ.


FRED W. JONES, Jr., Judge.

In this action to set aside or nullify a judgment of bond forfeiture, the surety, International Fidelity Insurance Company (IFIC) appealed the judgment of the trial court denying its motion filed in the criminal case upon ruling that a bond forfeiture judgment is civil in nature and any action to annul such a judgment must be instituted in a civil proceeding.

Issue Presented

On appeal, the surety asserts the following...

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