Wagner v. Uthoff

CASANUEVA, Judge.

In 1997 Friedrich Wagner sued Dr. Det-lef Uthoff for damages resulting from an alleged breach of an oral agreement and fraud in the inducement of an oral agreement. After much discovery and numerous pretrial motions, it became clear that Mr. Wagner was a resident of Germany and had never posted a nonresident plaintiffs costs bond pursuant to section 57.011, Florida Statutes (1997).1 Based on this failure, the trial court dismissed the complaint with prejudice and Mr. Wagner appealed. We reverse finding an abuse of the trial court’s discretion. Waxman v. Schwarz, 458 So.2d 72…