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Surety Midland Insurance Company v. State

Supreme Court of Nevada
Mar 19, 1981
97 Nev. 108 (Nev. 1981)

Summary

reviewing bail bond forfeiture for "abuse of discretion"

Summary of this case from State v. Castine (In re Second Chance Bail Bonds)

Opinion

No. 11118

March 19, 1981

Appeal from Eighth Judicial District Court; Paul S. Goldman, Judge.

Morton R. Galane, Las Vegas, for Appellant. Richard H. Bryan, Attorney General, Carson City; Robert J. Miller, District Attorney, Clark County, for Respondent.


OPINION


Appellant Surety Midland Insurance was the surety on a $25,000.00 bail bond forfeited to the respondent State of Nevada. Surety Midland has appealed the denial of its motion to set aside the forfeiture of its bond. The district court committed no abuse of discretion in refusing to set aside its forfeiture order. We affirm its denial of the appellant's motion.

NRS 178.512, in pertinent part, provides that, "[t]he court shall not set aside a forfeiture [of a bond] unless: . . . The court determines that justice does not require the enforcement of the forfeiture." This provision clearly puts the responsibility for determining whether a forfeiture shall be set aside in the district court's hands.

Here, the district court evidently felt unable to determine, "that justice does not require the enforcement of the forfeiture." The record does not require a determination contrary to this finding, and we therefore will not disturb it on appeal. Fletcher v. Fletcher, 89 Nev. 540, 542, 516 P.2d 103 (1973).


Summaries of

Surety Midland Insurance Company v. State

Supreme Court of Nevada
Mar 19, 1981
97 Nev. 108 (Nev. 1981)

reviewing bail bond forfeiture for "abuse of discretion"

Summary of this case from State v. Castine (In re Second Chance Bail Bonds)

applying an abuse of discretion standard of review to an appeal from a denial of a motion to set aside the forfeiture of a bail bond

Summary of this case from International Fid. Ins. v. State of Nevada
Case details for

Surety Midland Insurance Company v. State

Case Details

Full title:SURETY MIDLAND INSURANCE COMPANY, APPELLANT, v. STATE OF NEVADA, RESPONDENT

Court:Supreme Court of Nevada

Date published: Mar 19, 1981

Citations

97 Nev. 108 (Nev. 1981)
625 P.2d 90

Citing Cases

International Fid. Ins. v. State of Nevada

Id.See, e.g., All Star Bonding v. State of Nevada, 119 Nev. 47, 62 P.3d 1124 (2003) (appeal from order…

State v. Castine (In re Second Chance Bail Bonds)

See, e.g., United States v. Parr, 594 F.2d 440, 443-44 (5th Cir. 1979) (stating, in the context of the…