DAVID EARL BABB, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (20 total)

• Anthony v. Schmitt, 557 So. 2d 656 (Fla. 2d DCA 1990)
  …avoid dismissal). . Gulf Appliance Distribs. v. Long, 53 So. 2d 706 (Fla.1951). . Barnett Bank of East Polk County v. Fleming, 508 So. 2d 718 (Fla.1987). . Nelson v. Stonewall Ins. Co., 440 So. 2d 664 (Fla. 1st DCA 1983); Boeing Co. v. Merchant, 397 So. 2d 399 (Fla. 5th DCA 1981), review denied, 412 So. 2d 468 (Fla.1982). . Berenyi v. Halifax Hosp. Medical Center, 498 So. 2d 655 (Fla. 5th DCA 1986) (order allowing attorney to withdraw). Smith v. DeLoach, 556 So. 2d 786 (Fla. 2d DCA 1990). . Eastern Elev…
• Nelson v. Stonewall Ins. Co., 440 So. 2d 664 (Fla. 1st DCA 1983)
  …only substantially furthered the prosecution of the case but, also, was initiated either by a party to the action or by a court order entered in response to a party’s notice or motion that advanced the cause.3 Accordingly, in Boeing Co. v. Merchant, 397 So. 2d 399 (Fla. 5th DCA 1981), it was held that a form order issued sua sponte by the court to spur action (similar to the one used in this case) did not constitute affirmative record activity advancing the cause and, thus, did not prevent dismissal under the…

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• Berenyi v. Halifax Hosp. Med. Ctr., 498 So. 2d 655 (Fla. 5th DCA 1986)
  …Inc. v. Long, 53 So. 2d 706 (Fla.1951). This order did nothing more than to provide for the substitution of counsel, and as such, does not constitute the type of record activity designed to progress the suit to judgment. Boeing Company v. Merchant, 397 So. 2d 399 (Fla. 5th DCA 1981), pet. rev. denied, 412 So. 2d 468 (Fla.1982). As such, it is not the type of record activity which will preclude dismissal. Lastly, appellant contends that the language of Rule 1.420(e) itself, viz: “unless a stipulation staying…

Authorities Cited

• Theordore Agustus Bassett v. State, 392 So. 2d 1025 (Fla. 5th DCA 1981)