Surety Midland Ins. Co. v. State, 11118
| Decision Date | 19 March 1981 |
| Docket Number | No. 11118,11118 |
| Parties | SURETY MIDLAND INSURANCE COMPANY, Appellant, v. STATE of Nevada, Respondent. |
| Court | Nevada Supreme Court |
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.
N.R.S. 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).
To continue reading
Request your trial
-
State v. Castine (In re Second Chance Bail Bonds)
...147, 384 P.3d 923, 935 (Haw. Ct. App. 2016) (reviewing bail bond forfeiture for "abuse of discretion"); Sur. Midland Ins. Co. v. State, 97 Nev. 108, 625 P.2d 90, 90 (1981) (reviewing bail bond forfeiture for "abuse of discretion"). In determining whether a trial court ruling is an unsustain......
-
Star v. Rabello
... ... or had recently given birth and was in a weakened state. Knowledge of a witness's condition tends to increase the ... ...
-
International Fid. Ins. v. State of Nevada
...of Nevada, 114 Nev. 1061, 967 P.2d 804 (1998) (appeal from order denying motion to exonerate bail bond); Surety Midland Ins. v. State of Nevada, 97 Nev. 108, 625 P.2d 90 (1981) (appeal from denial of motion to set aside forfeiture of a bail 5. Taylor, 100 Nev. 207, 678 P.2d 1152. 6. See NRA......
-
American Fidelity Fire Ins. Co. v. Adams, 11676
... ... 234, 236, 468 P.2d 19 (1970); Catania v. State Farm Life Ins. Co., 95 Nev. 532, 534, 598 P.2d 631 (1979) ... ...