Harth v. Margaretten & Co.

DOWNEY, Judge.

Appellee, Margaretten & Company, Inc., a nonresident corporation authorized to do business in Florida, filed this suit to foreclose a mortgage on certain real property located in Broward County, Florida. When appellants, Carl and Laura Harth, failed to plead or otherwise defend the action within the time provided by the rules of civil procedure, appellee moved for a default. Pri- or to a hearing on said motion, the Harths filed a notice to post a nonresident cost bond pursuant to section 57.011, Florida Statutes (1985), and a motion to dismiss the complaint for failure of…