WAXMAN v. SCHWARZ

No. 84-688.

458 So.2d 72 (1984)

Jean WAXMAN, Appellant, v. Norman K. SCHWARZ, P.A., and Norman K. Schwarz, Individually, Appellees.

District Court of Appeal of Florida, Third District.

October 30, 1984.


Attorney(s) appearing for the Case

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.


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.

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