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STATE EX REL. GUILFORD CTY. BD. OF EDU. v. HERBIN

No. COA10-1178.

716 S.E.2d 35 (2011)

STATE of North Carolina ex rel the GUILFORD COUNTY BOARD OF EDUCATION, Plaintiff, v. Theodore Douglas HERBIN, Defendant.

Court of Appeals of North Carolina.

September 6, 2011.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, Greensboro, by Clint S. Moore , for plaintiff-appellant.

Steven A. McCloskey , Winston-Salem, for defendant-appellee.

Tharrington Smith , LLP, by Rod Malone , and North Carolina School Boards Association, by Allison B. Schafer , Raleigh, for North Carolina School Boards Association, amicus curiae.

BRYANT, Judge.

In this appeal we affirm the ruling of the trial court and hold that a bail agent may file a motion to set aside forfeiture as the filing of such motion does not constitute an appearance before a judicial body and therefore does not constitute a violation of N.C. Gen. Stat. § 84-4 regarding the unauthorized practice of law.

Facts and Procedural History

In September 2009, Brandon Morgan (bail agent) executed an Appearance...

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