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STATE v. BERRY

Nos. 29359-CA, 29360-CA.

691 So.2d 375 (1997)

STATE of Louisiana, Plaintiff-Appellee, v. Ronald Gene BERRY & Bankers Insurance Company, Defendants-Appellants. STATE of Louisiana, Plaintiff-Appellee, v. Randy Dean BERRY & Bankers Insurance Company, Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

April 2, 1997.

Attorney(s) appearing for the Case

William Noland, Gregory K. Voigt, New Orleans, for Defendant-Appellant Bankers Insurance Co.

Richard P. Ieyoub, Attorney General, Jerry L. Jones, District Attorney, Earl Cox, First Asst. District Attorney, for Plaintiff-Appellee.

Before WILLIAMS, CARAWAY and PEATROSS, JJ.

PEATROSS, Judge.

Appellant, Bankers Insurance Company ("Bankers"), a commercial surety, appeals the judgments of the trial court ordering the forfeiture of bonds entered in criminal proceedings on behalf of Randy Dean Berry and Ronald Gene Berry ("Defendants"). For the following reasons, we reverse the judgments of the trial court and nullify the bond forfeiture judgments at issue.

FACTS

On September 27, 1994, the Defendants and Bankers entered bail...

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