SHERROD DRY WALL AND COSMOPOLITAN MUTUAL INSURANCE COMPANY, APPELLANTS,

v.

JAMES REEVES, APPELLEE

Citator

Cited By

• Dep't of Pub. Health v. Wilcox, 543 So. 2d 1253 (Fla. 1989)
  …5(9) is self-executing. See Colonel’s Table v. Malena, 412 So. 2d 64 (Fla. 1st DCA 1982); Florida Power & Light Co. v. Adkins, 377 So. 2d 57 (Fla. 1st DCA 1979); Borden, Inc. v. Butler, 377 So. 2d 795 (Fla. 1st DCA 1979); Sherrod Dry Wall v. Reeves, 378 So. 2d 301 (Fla. 1st DCA 1979).7 Accordingly, we hold that the setoff provision in section 440.15(9) is self-executing in nature and therefore, can be taken unilaterally by the employer. We quash the decision of the Third District Court of Appeal and remand t…
• Maler v. Baptist Hosp. OF Miami, Inc., 532 So. 2d 79 (Fla. 3d DCA 1988)
  …the same parties, the instant lawsuit being a “protective” lawsuit in the event the other lawsuit was dismissed. See American Eastern Corp. v. Henry Blanton, Inc., 382 So. 2d 863, 865 (Fla. 2d DCA 1980); Estate of Mills v. Florida Ins. Guar. Ass’n, 378 So. 2d 301, 302 (Fla. 3d DCA 1979); cf. Funke v. Lopez, 432 So. 2d 787, 788 (Fla. 3d DCA 1983) (non-record activity in a separate lawsuit against different (not same, as here) party not “sufficient good cause”); Perez v. Cohen, 362 So. 2d 985 (Fla. 3d DCA 1978…
• Insua v. Chantres, 665 So. 2d 288 (Fla. 3d DCA 1995)
  …ted action provides justification for apparent non-activity, precluding dismissal for failure to prosecute under Rule 1.420(e). See Maler v. Baptist Hosp. of Miami, Inc., 532 So. 2d 79 (Fla. 3d DCA 1988); Estate of Mills v. Florida Ins. Guar. Ass’n, 378 So. 2d 301 (Fla. 3d DCA 1979); Smith v. Saint George Island Gulf Beaches, Inc., 343 So. 2d 847 (Fla. 1st DCA 1976). Under the circumstances, the trial court’s refusal to reinstate the case in accordance with the agreement of the parties is simply inexplicable.…