JEAN WAXMAN, APPELLANT,
v.
NORMAN K. SCHWARZ, P.A., AND NORMAN K. SCHWARZ, INDIVIDUALLY, APPELLEES
JEAN WAXMAN, APPELLANT,
NORMAN K. SCHWARZ, P.A., AND NORMAN K. SCHWARZ, INDIVIDUALLY, APPELLEES
458 So. 2d 72
Florida District Court of Appeal, Third District (1984)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
We agree with the appellant’s contention that the remedy of dismissal for failure to post a $100.00 cost bond pursuant to section 57.011, Florida Statutes (1983), is too harsh where, as here, the plaintiff offers to post the bond, albeit tardily, and the face of the complaint demonstrates sufficient assets in the form of a one-half interest in a condominium located in Dade County, Florida, which would provide an ample basis for recovery of costs.
Finding that the trial court abused its discretion in this regard, we reverse and remand with directions to the trial court to reinstate the amended complaint.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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E. Auto Supply Co., Inc. v. Anchor Mortg. Servs., Inc., 502 So. 2d 976 (Fla. 4th DCA 1987)…iscretion. Cf Thompson v. Grosslaub, 109 Fla. 550, 147 So. 861, (Fla.1933) (trial court did not abuse discretion in denying motion to dismiss action for failure to timely post a cost bond, where bond was in fact actually posted); Wctxman v. Schwarz, 458 So. 2d 72 (Fla. 3d DCA 1984) (trial court abused discretion in dismissing action for failure to timely post bond, where non-resident tardily offers to post bond and face of complaint demonstrates sufficient assets for recovery of costs). Therefore, the final…
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Friedrich Wagner v. Detlef Uthoff, M.D., 846 So. 2d 1177 (Fla. 2d DCA 2003)…s costs bond pursuant to section 57.011, Florida Statutes (1997).1 Based on this failure, the trial court dismissed the complaint with prejudice and Mr. Wagner appealed. We reverse finding an abuse of the trial court’s discretion. Waxman v. Schwarz, 458 So. 2d 72 (Fla. 3d DCA 1984). After yeoman’s efforts to clarify Mr. Wagner’s residency status, Dr. Uthoffs counsel, on April 3, 2002, and pursuant to the statute, filed a notice of intent to dismiss for failure to post the nonresident plaintiffs costs bond.…
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Certex USA, Inc. v. Vidal, 2010 U.S. Dist. LEXIS 34966 (S.D. Fla. 2010)…basis of state court’s dismissal was unclear, if dismissal with prejudice was for failure to post a bond pursuant to § 57.011, it was in error because plaintiffs “failure to post a bond could have been easily remedied”); see Waxman v. Schwarz, 458 So.2d 72, 73 (Fla. 3d DCA 1984) (concluding that dismissal pursuant to § 57.011 was improper, where plaintiff tardily offered to post a bond and the complaint demonstrated sufficient assets to satisfy any resulting obligations). In determining and applyi…