Waxman v. Norman K. Schwarz, P.A.
Cases that cite this one
3 later published cases cite this decision.
- CERTEX USA, INC. v. Vidal (United States District Court for the Southern District of Florida 2010)
- Wagner v. Uthoff (Fla. Dist. Ct. App. 2003)
- East Auto Supply Co. v. ANCHOR MORTGAGE SERV. INC. (Fla. Dist. Ct. App. 1987)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.