IN RE: TENNESSEE BONDING COMPANY - Articles

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Posted by: Tanja Trezise on Jan 11, 2021

Head Comment: CORRECTION: In the first paragraph the sentence that reads: “In this extraordinary appeal, Appellant claims the trial court erred by denying Appellant a hearing” changed to: “On appeal, Appellant claims that the trial court erred by denying Appellant a hearing.” On page 4, in the second paragraph the sentence that reads: “This court granted the application by order entered on May 18, 2020” changed to: “By order entered on May 18, 2020, this court determined that Appellant had a right to appeal under Tennessee Rule of Appellate Procedure 3 and treated the application as a notice of appeal.”

Court: TN Court of Criminal Appeals

Attorneys 1: Cayley J. Turrin, Brentwood, Tennessee, for the appellant, Tennessee Bonding Company.

Attorneys 2: Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Assistant Attorney General; Kim R. Helper, District Attorney General; and Jennifer M. Mason, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Tennessee Bonding Company, Appellant, surrendered the defendant, Larry Patton, to the Lewis County Sheriff’s Department but failed to notify the trial court of the surrender. Five weeks later, the trial court sua sponte entered an order exonerating Appellant on the bond but requiring Appellant to return “any and all premiums previously paid” and discharging the defendant from any remaining obligation for payment on the bond. Appellant filed a motion to reconsider asking for a hearing, which was summarily denied by the court. On appeal, Appellant claims that the trial court erred by denying Appellant a hearing. After review of the record and applicable law, we affirm the judgment of the trial court.