Palmetto Surety Corp. v. Escambia County Clerk of Court
A bail bond surety surrendered the defendant to a neighboring county jail with an Escambia County hold within 60 days of the missed appearance, but the clerk nevertheless entered a bond forfeiture judgment; the trial court denied the surety's timely e 903.27(5) motion to set aside, reasoning that only court- or county-made errors of procedure or substance could support relief. The First DCA reversed, holding that e 903.27(5) relief is not limited to government-made mistakes and that a surety satisfying the discharge conditions of e 903.26(5)(b) and (c) is entitled to have the forfeiture judgment set aside.
Key facts
- Palmetto Surety Corp. posted a bail bond for a defendant in Escambia County; the defendant failed to appear, and the surety surrendered the defendant to a neighboring county jail with an Escambia County hold within 60 days of the missed appearance.
- The Escambia County Clerk entered a bond forfeiture judgment despite the surety's timely surrender; the trial court denied the surety's motion to set aside the judgment under Florida Statute 903.27(5), reasoning that only court or county errors could support relief.
- +1 more key fact with a free trial
Why it matters
This opinion rejects a common clerk-side argument that section 903.27(5) relief is available only for governmental errors leading up to entry of judgment and clarifies that American Bankers does not hold otherwise… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.