Summary
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
Summary of this case from Certex USA, Inc. v. VidalOpinion
No. 84-688.
October 30, 1984.
Appeal from the Circuit Court, Dade County, Sam I. Silver, J.
Ellis Rubin and Edward Brigham, Miami, for appellant.
Norman K. Schwarz, Miami Beach, and Louis Tertocha, Fort Lauderdale, for appellees.
Before HENDRY, BASKIN and JORGENSON, JJ.
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.