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Direct Appeal from the Criminal Court for Anderson County
No. 96CR0462 James B. Scott, Jr., Judge
No. E1999-00950-CCA-R3-CD - Decided
August 28, 2000
The state appeals the trial court’s exoneration of a bond forfeiture taken against AA Bonding Company. The trial court exonerated the bonding company of the entire bond amount of $8,000, even though the forfeiture was final and the full amount had been paid to the trial court clerk.
Concluding that Tenn. Code Annotated section 40-11-204(a) authorizes the action of the trial court and that the record reflects no abuse of the trial court’s discretion, even though the trial court granted the exoneration via an $8,000 credit against AA Bonding’s future forfeitures in Anderson County, we affirm the trial court’s order to grant exoneration; however, we reverse as to the amount of, and the manner of effectuating the refund.
STATE OF TENNESSEE v. AAA AARON'S ACTION AGENCY BAIL
BONDS, INC.
Direct Appeal from the Criminal Courts for Davidson County
No. 2478 En Banc: J. Randall Wyatt, Jr., Judge; Seth Norman, Judge; Cheryl
Blackburn, Judge; Steve R. Dozier, Judge
No. M1999-01915-CCA-R3-CD - Decided June 9, 2000
The appellant bail bond company appeals the en banc order of the Criminal Courts of Davidson County which refused to reinstate its authority to write bail bonds. We conclude the appellant was not given proper notice of grounds relied upon for the refusal to reinstate its authority to write bonds, and the Criminal Courts of Davidson County erroneously refused to reinstate appellant's authority to write bail bonds based upon its alleged failure to notify a defendant of an arraignment date. Accordingly, the judgment refusing to reinstate appellant's ability to write bail bonds is reversed.
Appeal from the Criminal Court for Davidson County
Nos. 97-D-2152, 97-D-2354, 98-B-1151 J. Randall Wyatt Jr., Judge
No. M1999-02528-CCA-R3-CD - Filed February 16, 2001
The appellant, Pauls Bonding Company, Inc., appeals the judgments of the Davidson County Criminal Court ordering complete forfeiture of bail bonds in the cases of criminal defendants Carlos Ramon Ruiz and Castulo Morales Vasquez and partial forfeiture of the bail bond in the case of criminal defendant Reyes Castro. Following a review of the record and the parties briefs, we affirm the judgments of the trial court.
STATE OF TENNESSEE, Respondent/Appellee v. EDWARD ALAN
SCARBROUGH, ALIAS, Defendant; INTERNATIONAL FIDELITY
INSURANCE COMPANY, Petitioner/Appellant
Appeal from the Criminal Court for Knox County
Nos. 66772, 68668, and 68669 Mary Beth Leibowitz, Judge
October 17, 2001
No. E2001-00304-CCA-R3-CD
The defendant, Edward Alan Scarbrough, failed to appear for a scheduled court date on September 21, 1999. Conditional forfeiture was taken on bail bonds in the total amount of $125,000.00. The surety for these bail bonds was International Fidelity Insurance Company, which was obligated through its agent, Garys Bail Bonds, Inc. Defendant was not returned to custody until after the time period for final forfeiture had expired. International Fidelity Insurance Company filed a timely petition to be granted full exoneration. The trial court, after a hearing, granted partial exoneration and ordered International Fidelity Insurance Company to pay $55,000.00. We affirm the judgment of the trial court.
Direct Appeal from the Circuit Court for Madison County
No. 99-472 Donald H. Allen, Judge
No. W2000-02260-CCA-R3-CD - Filed January 23, 2002
The appellant, Speedy Release Bail Bonds, appeals the order of the Madison County Circuit Court denying its motion for reimbursement of a forfeited bail bond. Following a review of the record and the parties briefs, we reverse the judgment of the trial court and remand this case for proceedings consistent with this opinion.
IN RE: INTERNATIONAL FIDELITY INSURANCE COMPANY, NATIONAL AMERICAN INSURANCE COMPANY, AND THE NATIONAL ASSOCIATION OF BAIL INSURANCE COMPANIES, ON BEHALF OF ITS MEMBER COMPANIES UNDERWRITING BAIL BONDS IN THE THIRD JUDICIAL DISTRICT.
View the Court’s Opinion
IN THE COURT OF APPEALS OF TENNESSEE
AT NASHVILLE
August 4, 2004 Session
C. DWIGHT GRAHAM, ET AL. v. THE GENERAL SESSIONS COURT OF
FRANKLIN COUNTY, ET AL.
A Direct Appeal from the Circuit Court for Franklin County
No. 13405 CV The Honorable Thomas W. Graham, Judge
No. M2003-02231-COA-R3-CO - Filed October 5, 2004
Professional bondsmen sued the general sessions court, the general sessions judge, and the sheriff, seeking a declaratory judgment that an order of the general sessions court concerning bonds for some offenses is invalid as contrary to the statutes of the State of Tennessee and the Tennessee Constitution. The trial court entered judgment for the defendants, and plaintiff appeals. We reverse.
Tenn. R. App. P. 3; Appeal as of Right; Judgment of the Circuit Court Reversed
W. FRANK CRAWFORD, P.J., W.S., delivered the opinion of the court, in which DAVID R. FARMER,
J. and HOLLY M. KIRBY, J., joined.
Joel H. Moseley, Sr., of Nashville, For Appellants C. Dwight Graham and Huckabee Bonding Company
Ben P. Lynch and Patrick Lynch of Winchester, For Appellees, The General Sessions Court of Franklin County, Tennessee, The Honorable Floyd D. Davis, and The Honorable Mike D. Foster
