State of Tennessee v. Michael N. Allen, A/K/A Michael B. Carta in Re: Sanford and Sons Bail Bonds, Inc.

Case Number
E2004-00292-CCA-R3-CD-

Sanford and Sons Bail Bonds, Inc., the appellant, appeals from the trial court’s denial of relief from
final forfeiture of its bond. At the hearing set to determine whether final forfeiture of the bond
should occur, the appellant did not appear and the trial court entered a judgment against the appellant declaring final forfeiture. The appellant then sought relief from the final forfeiture judgment, pursuant to Rule 60.02 of the Rules of Civil Procedure, Tennessee Code Annotated section 40-11- 201(b), and sought a stay of execution of the judgment. Because the notice of appeal was not timely filed in this matter, we are without jurisdiction to determine whether the trial court erred in entering a final forfeiture against the appellant based upon its claim under Tennessee Code Annotated section 40-11-201(b). We further conclude that the trial court did not abuse its discretion in refusing to grant a stay of execution or relief under Rule 60.02 of the Tennessee Rules of Civil Procedure. We affirm the judgment of the trial court

Authoring Judge
Judge John Everett Williams
Originating Judge
Judge Lynn W. Brown
Case Name
State of Tennessee v. Michael N. Allen, A/K/A Michael B. Carta in Re: Sanford and Sons Bail Bonds, Inc.
Date Filed
Dissent or Concur
No
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