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STATE v. McCLINTON

No. 26171.

369 S.C. 167 (2006)

631 S.E.2d 895

The STATE, Respondent, v. Robert F. McCLINTON, Defendant; and Frye Brothers Bonding and Frontier Insurance Co., Surety for the Defendant, Of Whom Frye Brothers Bonding is Appellant.

Supreme Court of South Carolina.

Decided June 19, 2006.

Attorney(s) appearing for the Case

Robert T. Williams, Sr. of Williams, Hendrix, Steigner & Brink, P.A., of Lexington, for Appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Norman Mark Rapoport, all of the South Carolina Office of the Attorney General, of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.

Justice BURNETT.

This appeal raises the novel issue of whether the three-year statute of limitations for contract actions applies to the State's action for the forfeiture of a bail bond in a criminal case.

FACTUAL AND PROCEDURAL BACKGROUND

Frye Brothers Bonding (Appellant) signed as surety for a $10,000 bond on behalf of Robert McClinton in February 1997. McClinton subsequently failed to appear in court...

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