If you have a certificate of call on a case, but not final judgment on the Nisi, and then a year later the case is dismissed, can you still get a final judgment on the Nisi?

Your answer seems to be a definite �maybe.�
I am assuming that you will need a new trial and there is a split as to whether the State can get a new trial in a forfeiture proceeding.

El Paso says, �No.� MacDonald d/b/a Aida�s Around the Clock Bail Bonds v. State, 105 S.W.3d 749 (2003).

And, Fort Worth says, �Yes.� Roberts v. State, 749 S.W.2d 624 (1988).

PS - You may want to read MacDonald. It has a pretty good discussion regarding the availability of mandamus as a remedy for the State. Depending on where you are, it maybe your only angle.

Cheers.

[This message was edited by John Talley on 03-09-09 at .]

[This message was edited by John Talley on 03-09-09 at .]