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DYCK-O'NEAL, INC. v. DUFFY

No. 2D15-796.

180 So.3d 1079 (2015)

DYCK-O'NEAL, INC., Appellant, v. Kenneth M. DUFFY, Appellee.

District Court of Appeal of Florida, Second District.

December 2, 2015.

Attorney(s) appearing for the Case

Susan B. Morrison and Lauren E. Wages of Law Office of Daniel C. Consuegra, P.L., Tampa, for Appellant.

Darrin R. Schutt of Schutt Law Firm, P.A., Fort Myers, for Appellee.

In this appeal, we confront the issue of whether a lawsuit should be dismissed when an out-of-state plaintiff fails to timely file the nonresident cost bond required by section 57.011, Florida Statutes (2014), but does file such a bond before the hearing on the defendant's motion to dismiss for failure to file the bond. We...

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