State v. Stubblefield

• Decision Date: 05 July 2017
• Docket Number: 2017-UP-273
• Court: South Carolina Court of Appeals
• Parties: The State, Respondent, v. Tracy Wheeler Stubblefield, Appellant, And AAAA Bail Bonds and Crum & Forster Indemnity Co. Sureties for the Defendant, also Appellants. Appellate Case No. 2015-000051

The State, Respondent, v. Tracy Wheeler Stubblefield, Appellant, And AAAA Bail Bonds and Crum & Forster Indemnity Co. Sureties for the Defendant, also Appellants. Appellate Case No. 2015-000051

No. 2017-UP-273

Court of Appeals of South Carolina

July 5, 2017

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

Submitted May 1, 2017

Appeal From Charleston County R. Markley Dennis, Jr., Circuit Court Judge

Lewis Francis Gossett, of Columbia, for Appellants.

Senior Assistant Deputy Attorney General Deborah R.J. Shupe, of Columbia, for Respondent.

PER CURIAM:

Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Policao, 402 S.C. 547, 552 741 S.E.2d 774, 776 (Ct. App. 2013) ("The trial court's estreatment of a bond forfeiture will not be set aside unless there has been an abuse of discretion."); State v. McClinton, 369 S.C. 167, 171, 631 S.E.2d 895, 897 (2006) ("[T]he State's right to estreatment or forfeiture of a bail bond issued in a criminal case arises from the contract, i.e., the bail bond form signed by the parties."); id. ("[Our courts] routinely have applied contract principles to resolve various issues arising in bond forfeiture cases."); Charleston, SC Registry for Golf & Tourism, Inc. v Young Clement Rivers & Tisdale, LLP, 359 S.C. 635 642, 598 S.E.2d 717, 721 (Ct. App. 2004) ("An agency relationship may be established by evidence of actual or apparent authority."); R & G Const., Inc. v Lowcountry Reg'l Transp. Auth., 343 S.C. 424, 433 540 S.E.2d 113, 118 (Ct. App. 2000) ("The elements of apparent agency are: (1) purported principal consciously or impliedly represented another to be his agent; (2) third party reasonably relied on the representation; and (3) third party detrimentally changed his or her position in reliance on the representation."); id. ("When a principal, by any such acts or conduct, has knowingly caused or permitted another to appear to be his agent, either generally or for a particular purpose, he will be estopped to deny such agency to the injury of third persons who have in good faith and in the exercise of reasonable prudence dealt with the agent on the faith of such appearances."); State v. Bailey, 248 S.C. 438, 446, 151 S.E.2d 87, 91 (1966) ("[T]he right of the State to estreatment of an appearance recognizance arises from contract and...