DCA 2003) (“The risk of a defendant not appearing is borne by the surety and the surety, in order to protect its interest, must take precautionary actions to prevent this type of situation .... Surety’s inability to perform its obligation is due to its own fault in permitting the defendant to leave the State of Florida.”). Accordingly, we reverse because the trial court erred in directing remission of the surety bonds where such was not authorized by section 903.28. Reversed. NORTHCUTT, C.J., and KELLY, J., Concur. 1 . Although this case is controlled by section 903.28, several cases from other states have held that a surety may recover a bond when the death occurs before the scheduled appearance date. See Washington County v. Goldberg Bonding, Inc., 388 N.W.2d 20 (Minn.Ct.App.1986) (<HOLDING>); State v. Davis, 67 N.M. 6, 350 P.2d 748, 749
holding that interest does not begin to accrue until the date of judgment not the date of verdict holding that where surety was given until date of forfeiture hearing to produce defendant and defendant was killed by police before that date bond would not be forfeited holding that the date of sale for an installment contract was the date of contract formation not the date of the last payment due holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act holding that substantial attempts by surety may entitle it to remission of bond forfeiture