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AA-Prof'l Bail Bonding v. Deal

The accused's voluntary entrance into a pretrial diversion program did not release the bail bondsman from liability on the bond because the program did not constitute a court ordered pretrial diversion program, and the trial court thus properly denied the bondsman's motion to set aside the forfeiture of the bond it issued on behalf of the accused.

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In this matter, AA-Professional Bail Bonding AAPB appeals from the trial court’s order denying its motion to aside the forfeiture of a bond it issued on behalf of Anne Kisudila following her arrest for shoplifting. Specifically, AAPB contends that the trial court erred in finding that Kisudila’s entry into a pretrial diversion program did not release it from liability on the bond under a statute pertaining to that issue. For the reasons set forth infra, we affirm.

At the outset, we note that under OCGA § 9-11-60 d 3, a motion may be brought to set aside a judgment based upon, inter alia, a nonamendable defect which appears upon the face of the record or pleadings. And a trial court’s decision regarding a motion to set aside a judgment will not be reversed absent a showing of manifest abuse of discretion.1

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