Cases - Missouri

State of Missouri v. Angela M. Cook, 104 S.W.3d 808, 2003 WL 21153484 (Mo. App. May 20, 2003) held that the bail agent had apparent authority to appear for the surety at a forfeiture hearing.

In American Western Bonding Company, Inc. v. United Surety Agents, Inc., 2004 WL 627996 (Mo. App. March 31, 2004) a bail agent sued a managing general agent to recover a buildup fund.  The trial court held that (1) the MGA properly paid a bond forfeiture from the fund, (2) the agent was not entitled to damages for alleged mismanagement of the fund, (3) the agent was not entitled to punitive damages, and (4) the agent was entitled to the money held in the fund.  Since neither party knew the exact amount, no judgment was entered for a sum certain.  The parties could not agree on the amount (the MGA claimed it could subtract litigation costs) and the trial court entered an "amended" judgment for the amount in the fund without reduction for the litigation costs.  The MGA appealed claiming that the trial court did not have jurisdiction to "amend" the judgment.  The Court of Appeals disagreed and held that the first judgment was not final and could be modified, and affirmed the modified judgment.Casc