Realiable Bonding v. Sullivan

THE STATE OF SOUTH CAROLINA

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Ex Parte:  Reliable Bonding
Company,        Appellant,

In Re:  The State,       
Respondent,

v.

Rodney Sullivan,       
Defendant.

Appeal From Greenville County

John W. Kittredge, Circuit Court Judge

Unpublished Opinion No. 2003-UP-620

Submitted August, 20, 2003 – Filed
October 21, 2003

AFFIRMED

M. Rita Metts, of Irmo, for Appellant.

Assistant Solicitor Kristin M. Winn, of Greenville, for
Respondent.

PER CURIAM:  Reliable Bonding Company (Reliable) appeals from the circuit
court judge’s order for the estreatment of a $5,000 surety bond which was posted
by Reliable.  We affirm [1] pursuant to S.C. Code Ann. §
14-8-250 (Supp. 2002), Rule 220(b), SCACR, and the following authorities: State
v. Boatwright, 310 S.C. 281, 423 S.E.2d 139 (1992) (stating relief from
bond forfeiture is in the discretion of the trial court); S.C. Code Ann. § 17-15-170
(2003) (“Whenever the recognizance is forfeited by noncompliance with its condition,
the Attorney General, solicitor, magistrate, or other person acting for him
immediately shall issue a notice to summon every party bound in the forfeited
recognizance to appear at the next ensuing court to show cause, if he has any,
why judgment should not be confirmed against him. If any person so bound fails
to appear or, upon appearing, does not give a reason for not performing the
condition of the recognizance as the court considers sufficient, then the judgment
on the recognizance is confirmed. A magistrate may confirm judgments of not
more than the maximum fine allowable under Section 22-3-550 in addition to assessments.”);
S.C. Code Ann. § 38-53-70 (Supp. 2002) (“If a defendant fails to appear at a
court proceeding to which he has been summoned, the court must issue a bench
warrant for the defendant. If the surety fails to surrender the defendant or
place a hold on the defendant's release from incarceration, commitment, or institutionalization
within thirty days of the issuance of the bench warrant, the bond shall be forfeited.
At any time before execution is issued on a judgment of forfeiture against a
defendant or his surety, the court may direct that the judgment be remitted
in whole or in part, upon conditions as the court may impose, if it appears
that justice requires the remission of part or all of the judgment. In making
a determination as to remission of the judgment, the court shall consider the
costs to the State or any county or municipality resulting from the necessity
to continue or terminate the defendant's trial and the efforts of law enforcement
officers or agencies to locate the defendant. The court in its discretion may
permit the surety to pay the estreatment in installments for a period of up
to six months; however, the surety must pay a handling fee to the court in an
amount equal to four percent of the value of the bond. If at any time during
the period in which installments are to be paid the defendant is surrendered
to the appropriate detention facility and the surety complies with the re-commitment
procedures, the surety is relieved of any further liability.”).

AFFIRMED.

HEARN, C.J., CONNOR and ANDERSON, JJ., concur.

[1]
We decide this case without oral argument pursuant to Rule 215, SCACR.