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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE

June 2000

STATE OF TENNESSEE v. WILLIAM BRET ROBINSON

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.

 

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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE

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.

 

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March 12, 1998

Cecil W. Crowson

Appellate Court Clerk

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE

OCTOBER 1997 SESSION

STATE OF TENNESSEE No. 01C01-9612-CC-00497

 

Appellant

 FRANKLIN COUNTY

V.

SHARON MELTON

HON. BUDDY D. PERRY,

Defendant, JUDGE

In re CITY BONDING COMPANY,

d/b/a A-1 BONDING COMPANY  (Bond Forfeiture - State Appeal)

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September 1, 1999

Cecil Crowson, Jr.

Appellate Court Clerk

IN THE COURT OF APPEALS OF TENNESSEE

AT NASHVILLE

 

MICHAEL KING, Plaintiff/Appellant,

VS. 

TFE, INC., Defendant/Appellee.

 Maury Circuit No. 6503

Appeal No. 01A01-9711-CV-00624

 

APPEAL FROM THE CIRCUIT COURT OF MAURY COUNTY

AT COLUMBIA, TENNESSEE

THE HONORABLE JIM T. HAMILTON, JUDGE

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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE

September 20, 2000 Session

IN RE: PAULS BONDING COMPANY, INC.

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.

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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE

July 25, 2001 Session

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.

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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

Assigned on Briefs June 13, 2001

IN RE: SPEEDY RELEASE BAIL BONDS1

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.

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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

Assigned on Briefs June 13, 2001

IN RE: SPEEDY RELEASE BAIL BONDS

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

NORMA MCGEE OGLE, J., concurring in part and dissenting in part.

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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE

APRIL 1999 SESSION

C.C.A. 03C01-9811-CR-00398

Greene, Hamblen, Hancock, and Hawkins Counties

Hon. James E. Beckner, Judge

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.

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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

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