State v. Williams
218 N.C. App. 450
| N.C. Ct. App. | 2012Background
- Beasley Bail Bonding Company (Surety) posted a $1,500 appearance bond for Marsha Williams on 4 September 2009 for impairing-substance and open-container violations.
- Williams failed to appear on 10 March 2010; bond forfeiture notice issued 22 March 2010; forfeiture became a final judgment on 19 August 2010.
- Surety paid the forfeiture in full by close of business on 19 August 2010 and surrendered Williams to the Craven County Sheriff on 19 August 2010 at 9:40 p.m.
- Surety filed a Motion to Set Aside Forfeiture and Petition for Remission on 20 August 2010; trial court granted partial remission under N.C. Gen. Stat. § 15A-544.8(b)(2) on 14 February 2011.
- Surety timely noted appeal on 25 February 2011; issue is whether the forfeiture can be set aside and the remission properly limited.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of motion to set aside forfeiture | Surety argues the 150-day window should extend past courthouse hours. | Williams argues the statutory period runs per business hours and ends on 150th day regardless of closing time. | Statutory period controls; inside hours rule not extended by courthouse closure; no extension allowed. |
| Scope of remission after partial remission finding | Surety contends remission should be full if extraordinary circumstances exist. | Board asserts remission must be limited to the trial court’s findings supporting partial remission. | Appellate court cannot rewrite the remission scope absent a proper basis; partial remission affirmed as within discretion. |
| Board's preservation of challenge to remission ruling | Board seeks an alternative basis for affirming/remitting the judgment. | Board failed to preserve issue for appellate review and did not raise a cross-appeal. | Issue not preserved; not properly reviewable on appeal. |
Key Cases Cited
- State v. Robertson, 166 N.C. App. 669 (2004) (exclusive relief for forfeiture of appearance bond prior to final judgment)
- State v. Largent, 197 N.C. App. 614 (2009) (statutory interpretation governs application of time limits)
- CDC Pineville, LLC v. UDRT of N.C., LLC, 174 N.C. App. 644 (2005) (cross-appeal and alternative basis practice in appellate review)
- Viar v. N.C. Dep’t of Transp., 359 N.C. 400 (2005) (appeals review and guidance on standards of review)
- Citizens Addressing Reassignment & Educ., Inc. v. Wake Cty. Bd. of Educ., 182 N.C. App. 241 (2007) (appellate court cannot create appeal where none exists)