Noto v. Greenbrook Jacaranda Associates, III, Ltd.

The record reflects the following:

1. In February, 1978, the plaintiff-appellant filed a two-count action. The first was for specific performance. The second was for damages in excess of $2,500, which was jurisdictionally proper for the circuit court at that time.

2. No action was taken by either party for six months after the cause was at issue in September 1979.

3. In March, 1980, defendant served the plaintiff with a notice to file a non-resident cost bond. Two months later, because of the plaintiff’s non-compliance, the defendant moved to dismiss, whereupon the plaintiff filed the statutory…