State v. VaimiliAnnotate this Case
The Supreme Court affirmed the judgment of the intermediate court of appeals (ICA) on appeal affirming the circuit court’s order denying International Fidelity Insurance Company’s renewed motion to set aside judgment or for clarification of judgment.
Ida Peppers of Freedom Bail Bonds signed a bail bond as the surety on a bond. An attached power of attorney gave Peppers authority to oblige International to insure the bond, but International’s name was not present on the bond, and Pepper’s signature did not indicate that she had signed as an agent for International. When the criminal defendant did not appear, the circuit court entered a judgment and order of forfeiture of bail bond. Several months after providing notice to Peppers of the written judgment, the State provided written notice directly to International. Concluding that the holdings in State v. Nelson, 398 P.3d 712 (Haw. 2017), were dispositive in this case, the Supreme Court held (1) the State complied with Haw. Rev. Stat. 804-51 when it timely provided notice to Peppers; (2) International’s procedural due process rights were not violated; and (3) the judgment against Peppers remained enforceable.