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CARDOZA v. STATE

No. 3D09-2881.

98 So.3d 1217 (2012)

Jose CARDOZA and Continental Heritage Insurance Company, Appellants, v. The STATE of Florida, for the use and benefit of the State, by the Clerk of the Court, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 8, 2012.

Attorney(s) appearing for the Case

David S. Molansky , Miami, for appellants.

Bilzin Sumberg Baena Price & Axelrod and Eileen Ball Mehta , Miami and Alexandra L. Deas , Miami Beach, for appellee.

Before ROTHENBERG, LAGOA, and EMAS, JJ.

LAGOA, J.

Jose Cardoza ("Cardoza") and Continental Heritage Insurance Company ("Continental") (collectively, "Appellants"), appeal an Order Denying Surety's Motion to Vacate Judgment. For the following reasons, we reverse.

I. FACTUAL AND PROCEDURAL HISTORY

On June 22, 2009, Cardoza was arrested and charged with several offenses. On June 23, after making his first court appearance, Cardoza was released from custody upon posting a $5000 appearance...

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