Dyck-O'Neal, Inc. v. Duffy

.VILLANTI, Chief Judge.

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- answer this question in the negative and thus reverse the dismissal here and remand for further proceedings.

Dyck-O’Neal, Inc. (DONI), an .out-of-state corporation, filed a foreclosure action on a note and mortgage given by Duffy on real property he…