FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
LAFAYETTE, NO. C-20183186 HONORABLE JULES DAVIS EDWARDS,
Paul Joseph deMahy Thompson, COUNSEL FOR DEFENDANT/APPELLANT:
American Surety Company.
Salas Pardo Assistant District Attorney Fifteenth Judicial
District Court, COUNSEL FOR PLAINTIFF/APPELLEE: State of
Donovan Paul Sampy In Proper Person, COUNSEL FOR
DEFENDANT/APPELLEE: Donovan Paul Sampy.
composed of Sylvia R. Cooks, Shannon J. Gremillion, and D.
Kent Savoie, Judges.
KENT SAVOIE JUDGE.
bond forfeiture case, American Surety Company (American)
appeals the judgment of the trial court, finding American, as
surety, liable for the full amount of the bond for criminal
defendant Donovan Paul Sampy. For the following reasons, we
AND PROCEDURAL HISTORY
February 2, 2017, American, a commercial surety company,
issued a criminal bail bond for the release of Sampy in the
amount of THIRTY THOUSAND DOLLARS ($30, 000.00). An arrest
warrant was issued for Sampy after he failed to appear before
the court on October 16, 2017. Notice of the warrant for
arrest was mailed on October 17, 2017. On May 14, 2018, the
State filed a Petition for Rule to Show Cause why a bond
forfeiture judgment should not be rendered because one
hundred and eighty days had passed since the mailing of the
notice of warrant for arrest and Sampy had not made an
appearance. Attached to the petition was a bond undertaking
in the amount of THIRTY THOUSAND DOLLARS ($30, 000.00) dated
February 2, 2017, naming as principal Donovan Paul Sampy and
naming as surety Accredited Surety and Casualty Co. Also
attached to the petition was the notice of arrest and a power
of attorney executed by Act Right Bonds on behalf of American
and signed by Defendant Sampy.
August 28, 2018, Sampy made an appearance and accepted
service for his pre-trial setting on November 8, 2018. This
appearance was made outside the one hundred and eighty (180)
days he was mandated to appear from the mailing of the notice
of the warrant for arrest. The petition for bond forfeiture
was placed on the August 30, 2018 criminal docket and was
taken up on August 31, 2018.
hearing, the trial court rendered judgment in favor of the
State and against Sampy, as principal, and American, as
surety, for the full amount of the bond. American now
trial court erred when it rendered a judgment against
American, whose name does not appear on the bail undertaking.
trial court erred when it rendered a judgment against Donovan
Sampy, who was not notified of the hearing date for ...