P. v. Ranger Ins. Co.
In the criminal proceeding in this matter, the court ordered that a $25,000 bail bond be forfeited when the defendant, Bertha Gines, failed to appear at a hearing on July 13, 2004.[1] The insurer that issued the bond, Ranger Insurance Company (Ranger) moved to set aside the forfeiture, arguing the court lost jurisdiction to declare a forfeiture when it did not order the bond forfeited when Gines failed to appear at previous hearings on May 17 and July 12. The court denied the motion, finding (1) the evidence showed that Gines was present at the hearing on May 17; and (2) the court had good cause to continue the July 12 hearing to July 13 when Gines did not appear at the hearing on July 12.
On appeal Ranger asserts that the bond forfeiture should be set aside because the court was without jurisdiction to declare a forfeiture as (1) the evidence shows Gines was not present at the hearing on May 17; and (2) there was no good cause to continue the July 12 hearing when Gines did not appear.
Court conclude that there was sufficient evidence for the court to find that Gines was present at the hearing on May 17. However, we also conclude that there is insufficient evidence of good cause for the court to continue the July 12 hearing when Gines did not appear and accordingly the court lost jurisdiction to declare a forfeiture and it must be set aside. Court therefore reverse the court's order denying Ranger's motion to set aside the bond forfeiture.
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