ALLEGHENY FREEBIRD BONDS v. THE STATE OF TEXAS (2010)

MEMORANDUM OPINION

This is an appeal from a bond forfeiture proceeding.   Huntsville, Texas surety “Davie C. Westmoreland, Agent, dba Freebirds Bail Bonds, International Fidelity Insurance Company,” executed a $1500 appearance bond on behalf of a criminal defendant.   The defendant failed to appear in court and the trial court signed a judgment nisi against “Freebirds Bail Bonds” for the full amount of the bond.   See Tex.Code Crim. Proc. Ann. arts. 22.01, 22.02 (West 2009).   The required citation notifying the surety of the bond forfeiture and requiring the surety to show cause why the judgment of forfeiture should not be made final was issued first to “Freebirds Bail Bonds” in Huntsville and four months later to “Allegheny Casualty Co./Freebirds Bail Bonds” in Bryan, Texas.   See id. art. 22.03(a).  “Allegheny Casualty Co.,” represented by Clint F. Sare, filed an answer seeking exoneration from the bond forfeiture on the ground that neither it nor the defendant had signed the bond and the defendant's failure to appear was the result of sickness or other uncontrollable circumstance.   See id. art. 22.13(a)(1),(3).   Allegheny Casualty Co. did not appear at the show-cause hearing, however, and the trial court rendered a final judgment against “Allegheny/Freebird Bonds” as surety.  “Allegheny Casualty Co. d/b/a Freebird Bail Bonds” appealed.

Although Westmoreland did not make an appearance following the bond forfeiture and is not named in the judgment, Westmoreland, who is represented by Sare also, and the State of Texas have settled the dispute and filed a motion to dispose of the appeal in accordance with their agreement.   See Tex.R.App. P. 42.1(a)(2).   In the motion, they request we render judgment effectuating their agreement that the trial court's judgment should be reversed and a $600 judgment should be rendered against Westmoreland as agent for International Fidelity Insurance Company.   Because Westmoreland executed the bond and entered into the agreement, we grant the motion, reverse the trial court's judgment, and render judgment, in the amount of $600, against Westmoreland as agent for International Fidelity Insurance Company.   See id. 43.2.

100446F.P05

PER CURIAM