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STATE v. TUTHILL

912 A.2d 146 (2006)

389 N.J. Super. 144

STATE of New Jersey, Plaintiff-Respondent, v. Walter TUTHILL, Defendant-Respondent. Safety National Cas. Corp., Surety-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 2006.

Attorney(s) appearing for the Case

Samuel M. Silver, argued the cause for appellant Safety National Casualty Corporation.

Manners & Associates, Westbury, NY, for respondent Walter Tuthill (Robert M. Manners, on the brief).

James F. Ferguson, County Counsel, for respondent State of New Jersey (William P. Busch, Jr., Assistant County Counsel, filed a statement in lieu of brief).

Before Judges LEFELT, PARRILLO and SAPP-PETERSON.

The opinion of the court was delivered by

PARRILLO, J.A.D.

At issue is whether a surety's obligation on a bail bond is released by a court's mistaken cancellation of the bond. We hold that absent a showing by the surety of detrimental reliance or a material increase in the risk originally undertaken, a court is not bound by its error, has the power to correct it, and acts within its discretion in ordering the bond reinstated without the surety's consent.<...

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