State of Tennessee v. Aliscia Caldwell - RE: Jenkins Bonding Company

Jenkins Bonding Company executed as a surety an appearance bond for the Defendant, Aliscia Caldwell, on several cases as detailed below.  The Defendant failed to appear, and the general sessions court forfeited the bond and issued a scire facias and a capias for the Defendant’s arrest.  The bonding company physically surrendered the Defendant to the trial court and rquested that it be relieved as surety.  The trial court denied the surrender and released the Defendant on the same bond.  Subsequently, the Defendant failed to appear at another court hearing.  The trial court entered a final forfeiture judgment against the bonding company.  The bonding company filed a motion to alter or amend the forfeiture judgment against it, saying that it should be exonerated of the bond because it lawfully surrendered the Defendant.  The trial court denied the motion.  On appeal, the bonding company argues that the trial court did not have the authority to deny the surrender and release the Defendant over the surety’s objection.  After a thorough review of the record and applicable authorities, we reverse the trial court’s judgment, and we remand the case for entry of an order releasing Jenkins Bonding as surety in this case.