People v. Ranger Insurance

A surety appeals from an order denying its motion to vacate a bail forfeiture and to exonerate a bond. The surety separately appeals from a summary judgment entered against it on the forfeited bond. The surety argues the court lost jurisdiction to declare the bond forfeited because it failed to do so on the defendant’s initial nonappearance. The record reflects the trial court had a rational basis for believing there may have been an excuse for the defendant’s failure to appear sufficient to warrant continuing the case until the next day without declaring a forfeiture of the bond. Accordingly, we conclude the trial court retained jurisdiction to later declare the bail forfeited when the defendant failed to appear on the continued date. We thus affirm.

Facts and Proceedings Below

On June 7, 2000, appellant, Ranger Insurance Company (Ranger) posted a bail bond in the amount of $500,000 through its agent'for the release of defendant Jason A. Okezie from custody.

At the initial date set for arraignment the defendant appeared and requested a continuance to retain private counsel. The trial court granted his request and reset his arraignment for September 18, 2000. On…