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STATE EX REL. MOORE CTY. v. PELLETIER

No. COA04-215.

606 S.E.2d 907 (2005)

STATE of North Carolina, By and Through the MOORE COUNTY BOARD OF EDUCATION v. Don PELLETIER, and Lexington National Insurance Corporation, d/b/a, Lexington National Bail Services, Managing Agent for American Casualty Insurance Company, and its Agent Braswell Surety Services, Inc.

Court of Appeals of North Carolina.

January 18, 2005.

Attorney(s) appearing for the Case

Schwartz & Shaw, P.L.L.C., by Richard A. Schwartz and Craig W. Noyes, Raleigh, for the State.

Charles M. Lineberry, Jr., Wilmington, for Lexington National Insurance Corporation.

CALABRIA, Judge.

The Moore County Board of Education (the "Board") appeals the trial court's denial of its motion to grant a new trial or relief from order entered 3 March 2003 granting Lexington National Insurance Corporation's (the "surety") motion for relief from final judgment of bond forfeiture. We reverse.

In September 2000, the surety posted bond for Don Pelletier (the "defendant") in the amount of $150,000...

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