200 So. 3d 950
La. Ct. App.2016Background
- Bond forfeiture judgment entered against Jones and FCS for $22,500 after Jones failed to appear for arraignment.
- FCS posted two commercial bonds totaling $22,500 on Jones’s behalf.
- Alias capias without bond issued; Jones later incarcerated, not surrendered.
- Notice of bond forfeiture mailed May 30, 2013; motion to set aside filed October 23, 2013.
- Trial court denied motions on November 12, 2013; appeal filed and dismissed as premature; later written judgment in 2015 denying relief.
- Majority affirms denial; dissents argue OPSO’s failure to execute capias and resulting fortuitous event warrant relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether incarceration after alias capias relieves the surety under 345 B. | FCS: incarceration within period exonerates. | Jones’s incarceration requirement not met; OPSO failure to hold matters. | No; majority: not exonerated under 345 B. |
| Whether OPSO’s failure to execute the alias capias constitutes a fortuitous event under 15:83 and 345. | FCS: OPSO failure unforeseen and grounds to set aside. | State argues no fortuitous event; surety liable. | No; majority: OPSO failure not a foreseen fortuitous event; affirmed. |
| Whether the bond forfeiture judgment should be set aside to avoid prejudice to FCS given state actors’ conduct. | FCS: conduct prejudices; statute requires strict compliance. | State relied on statute; not prejudicially lax. | Affirmed; no grounds to set aside. |
Key Cases Cited
- State v. Nellon, 124 So.3d 1115 (La.App. 4 Cir. 2013) (strict compliance required for bond forfeiture)
- State v. Allen, 98 So.3d 926 (La.App. 4 Cir. 2012) (fortuitous event concept in bail bonds)
- State v. Kerrison, 701 So.2d 1347 (La. 1997) (sheriff’s duty; surrender rules; strict compliance with bond provisions)
- State v. De La Rosa, 997 So.2d 165 (La.App. 2 Cir. 2008) (foreseeability of risks in bail obligations)