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Filing # 120012748 E-Filed 01/21/2021 03:01:07 PM
IN THE CIRCUIT COURT IN AND FOR ESCAMBIA COUNTY, FLORIDA
STATE OF FLORIDA,
v. CASE NO.: 2021 CA 000073
DIVISION: A
JODY C SKIPPER, POWER NO.: PSE229835
Defendant.
/
ESCAMBIA COUNTY CLERK OF THE CIRCUIT COURT AND
COMPTROLLER’S RESPONSE TO BAIL BOND
AGENT’S APPLICATION FOR SET ASIDE OF BOND JUDGMENT
The Escambia County Clerk of the Circuit Court and Comptroller (the “Clerk”), by and
through its undersigned counsel, hereby responds to the Application for Set Aside of Bond
Judgment (the “Application”) filed on January 19, 2021 as follows:
1. The Movant, LaKeisha Savage, (the “Bail Bond Agent”), through an Application for Set
Aside of Bond Judgment, alleges that the judgment entered on January 14, 2021 should
be set aside because the Defendant has been in custody in Indiana.
2. The Bail Bond Agent further alleges that the Escambia County Sheriff's Office will not
extradite the defendant because the warrant issued in 2020 MM 004096 emanates from a
misdemeanor case. A letter from the Escambia County Sheriffs Office is attached to the
Application as support for this allegation.
3. Case law has recognized two vehicles that can be used to challenge a bond forfeiture
judgment entered under section 903.27, Florida Statutes.
4. First, a motion to set aside a judgment under 903.27(5), Florida Statutes (2020), allows
the trial court to visit substantive or procedural errors leading up to the judgment. See
generally State v. American Bankers Insurance Company, 558 So. 2d 539 (Fla. 3d DCA
Page 1 of 4State of Florida vs. Jody C. Skipper
2021 CA 000073
10.
1990). For example, if the Clerk prematurely entered a bond forfeiture judgment on the
30th day after forfeiture then such a judgment should be set aside.
Second, a judgment entered pursuant to section 903.27, Florida Statues (2020), may be
attacked via a motion under Fla. R. Civ. P. 1.540. If such a motion is filed, the court
would look to whether the allegations fit under one of reasons set forth in rule 1.540 and
interpretive case law. Allied Fidelity Ins. Co. v. State, 499 So. 2d 932 (Fla. 1st DCA
1986) (surety may seek relief from judgment under Florida Rules of Civil Procedure
when such is applicable).
In this case, the Bail Bond Agent posted one bond (Power # PSE229835) for the
Defendant, Jody C. Skipper, in case number 2020 MM 004096A.
Defendant initially failed to appear on September 29, 2020, and notice was provided to
the Bail Bond Agent of the subsequent hearing on November 10, 2020.
Defendant failed to appear at the hearing on November 10, 2020 and the court declared
the bond forfeited on the same date. The Clerk provided notice of the bond forfeiture on
ovember 12, 2020.
There was no record activity in case number 2020 MM 004096 from November 12, 2020
through January 13, 2021 when the Clerk made an entry on the docket regarding entry of
a judgment on the forfeiture.
The Bail Bond Agent had 60 days to either move for the court to discharge the forfeiture
under section 903.26(5), Florida Statutes (2020), or pay the forfeiture and seek remission
under section 903.28, Florida Statutes (2020).
Page 2 of 4State of Florida vs. Jody C. Skipper
2021 CA 000073
11. The Bail Bond Agent did not move for discharge or pay the forfeiture within 60 days;
therefore, the Clerk entered a judgment pursuant to the directives set forth in section
903.27, Florida Statutes (2020).
12. Furthermore, the facts alleged do not demonstrate that the Clerk should have discharged
the forfeiture pursuant to section 903.26(8), Florida Statutes (2020).
13. An allegation that the forfeiture could have been discharged if the Bail Bond Agent had
followed the procedures and requirements set forth in statute is not a basis for setting
aside or vacating a judgment.
14. The relevant statutory conditions precedent to entry of the judgment were followed.
15. Sections 903.26, 903.27, and 903.28 of the Florida Statutes set forth specific procedures
and “[t]hose who elect to follow a different course proceed at their own risk.” Polakoff &
Aabbott Bail Bonds v. State, 111 So, 3d 253 (Fla. 5th DCA 2013) (providing a detailed
summary of the bail bond forfeiture, remission, and judgment statutes).
WHEREFORE, the Clerk objects to the Motion to Set Aside the Bond Forfeiture
Judgment.
Heo ff foe ff oe fea ke
Page 3 of 4State of Florida vs. Jody C. Skipper
2021 CA 000073
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the above and foregoing has been furnished to the
following by the means indicated this 21st day of January, 2021.
Via e-service: Via e-service:
LaKeisha Savage, Bail Bond Agent Andrew McGraw, Assistant State Attorney
Billy Clark Bail Bonds 190 W. Government Street
2415 North Pace Boulevard, Suite 5 Pensacola, Florida 32502
Pensacola, Florida 32505 amegraw@osal.org
billyclarkbailbonds@gmail.com
/s/Codey L. Leigh
CODEY L. LEIGH, ESQ.
Florida Bar No. 65405
Clerk of the Circuit Court and Comptroller
190 W. Government Street
Pensacola, Florida 32502
(850) 595-0504
legal@escambiaclerk.com
Counsel for Escambia County Clerk of the Circuit
Court and Comptroller
Page 4 of 4
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Filing # 120012748 E-Filed 01/21/2021 03:01:07 PM IN THE CIRCUIT COURT IN AND FOR ESCAMBIA COUNTY, FLORIDA STATE OF FLORIDA, v. CASE NO.: 2021 CA 000073 DIVISION: A JODY C SKIPPER, POWER NO.: PSE229835 Defendant. / ESCAMBIA COUNTY CLERK OF THE CIRCUIT COURT AND COMPTROLLER’S RESPONSE TO BAIL BOND AGENT’S APPLICATION FOR SET ASIDE OF BOND JUDGMENT The Escambia County Clerk of the Circuit Court and Comptroller (the “Clerk”), by and through its undersigned counsel, hereby responds to the Application for Set Aside of Bond Judgment (the “Application”) filed on January 19, 2021 as follows: 1. The Movant, LaKeisha Savage, (the “Bail Bond Agent”), through an Application for Set Aside of Bond Judgment, alleges that the judgment entered on January 14, 2021 should be set aside because the Defendant has been in custody in Indiana. 2. The Bail Bond Agent further alleges that the Escambia County Sheriff's Office will not extradite the defendant because the warrant issued in 2020 MM 004096 emanates from a misdemeanor case. A letter from the Escambia County Sheriffs Office is attached to the Application as support for this allegation. 3. Case law has recognized two vehicles that can be used to challenge a bond forfeiture judgment entered under section 903.27, Florida Statutes. 4. First, a motion to set aside a judgment under 903.27(5), Florida Statutes (2020), allows the trial court to visit substantive or procedural errors leading up to the judgment. See generally State v. American Bankers Insurance Company, 558 So. 2d 539 (Fla. 3d DCA Page 1 of 4State of Florida vs. Jody C. Skipper 2021 CA 000073 10. 1990). For example, if the Clerk prematurely entered a bond forfeiture judgment on the 30th day after forfeiture then such a judgment should be set aside. Second, a judgment entered pursuant to section 903.27, Florida Statues (2020), may be attacked via a motion under Fla. R. Civ. P. 1.540. If such a motion is filed, the court would look to whether the allegations fit under one of reasons set forth in rule 1.540 and interpretive case law. Allied Fidelity Ins. Co. v. State, 499 So. 2d 932 (Fla. 1st DCA 1986) (surety may seek relief from judgment under Florida Rules of Civil Procedure when such is applicable). In this case, the Bail Bond Agent posted one bond (Power # PSE229835) for the Defendant, Jody C. Skipper, in case number 2020 MM 004096A. Defendant initially failed to appear on September 29, 2020, and notice was provided to the Bail Bond Agent of the subsequent hearing on November 10, 2020. Defendant failed to appear at the hearing on November 10, 2020 and the court declared the bond forfeited on the same date. The Clerk provided notice of the bond forfeiture on ovember 12, 2020. There was no record activity in case number 2020 MM 004096 from November 12, 2020 through January 13, 2021 when the Clerk made an entry on the docket regarding entry of a judgment on the forfeiture. The Bail Bond Agent had 60 days to either move for the court to discharge the forfeiture under section 903.26(5), Florida Statutes (2020), or pay the forfeiture and seek remission under section 903.28, Florida Statutes (2020). Page 2 of 4State of Florida vs. Jody C. Skipper 2021 CA 000073 11. The Bail Bond Agent did not move for discharge or pay the forfeiture within 60 days; therefore, the Clerk entered a judgment pursuant to the directives set forth in section 903.27, Florida Statutes (2020). 12. Furthermore, the facts alleged do not demonstrate that the Clerk should have discharged the forfeiture pursuant to section 903.26(8), Florida Statutes (2020). 13. An allegation that the forfeiture could have been discharged if the Bail Bond Agent had followed the procedures and requirements set forth in statute is not a basis for setting aside or vacating a judgment. 14. The relevant statutory conditions precedent to entry of the judgment were followed. 15. Sections 903.26, 903.27, and 903.28 of the Florida Statutes set forth specific procedures and “[t]hose who elect to follow a different course proceed at their own risk.” Polakoff & Aabbott Bail Bonds v. State, 111 So, 3d 253 (Fla. 5th DCA 2013) (providing a detailed summary of the bail bond forfeiture, remission, and judgment statutes). WHEREFORE, the Clerk objects to the Motion to Set Aside the Bond Forfeiture Judgment. Heo ff foe ff oe fea ke Page 3 of 4State of Florida vs. Jody C. Skipper 2021 CA 000073 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing has been furnished to the following by the means indicated this 21st day of January, 2021. Via e-service: Via e-service: LaKeisha Savage, Bail Bond Agent Andrew McGraw, Assistant State Attorney Billy Clark Bail Bonds 190 W. Government Street 2415 North Pace Boulevard, Suite 5 Pensacola, Florida 32502 Pensacola, Florida 32505 amegraw@osal.org billyclarkbailbonds@gmail.com /s/Codey L. Leigh CODEY L. LEIGH, ESQ. Florida Bar No. 65405 Clerk of the Circuit Court and Comptroller 190 W. Government Street Pensacola, Florida 32502 (850) 595-0504 legal@escambiaclerk.com Counsel for Escambia County Clerk of the Circuit Court and Comptroller Page 4 of 4