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STATE EX REL. GARDNER v. ALLSTAR BAIL BONDS

No. 5D07-1434.

983 So.2d 1218 (2008)

STATE of Florida, by and through Lydia GARDNER, etc., Appellant, v. ALLSTAR BAIL BONDS, Appellee.

District Court of Appeal of Florida, Fifth District.

June 20, 2008.

Attorney(s) appearing for the Case

Stephan W. Carter, Orlando, for Appellant.

Andrew Zelman, of Cotter & Zelman, P.A., Winter Park, for Appellee.

EVANDER, J.

The State appeals from an order granting Allstar Bail Bonds' motion for remission of bond forfeiture. This court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030. The State contends that the trial court erred in remitting a portion of the forfeited bond to Allstar where the defendant died prior to recapture. We agree and, accordingly, reverse.

The facts are relatively undisputed...

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