CLEVELAND JONES, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Nelson v. Stonewall Ins. Co., 440 So. 2d 664 (Fla. 1st DCA 1983)
  …A 1981) (order requiring reservice of process and return of the alias summons and substituted service constitute record activity); but cf., Giraldo v. Cossin, 399 So. 2d 540 (Fla. 3d DCA 1981); Thomas v. Personal Representative of Estate of DeLoach, 400 So. 2d 204 (Fla. 1st DCA 1981) (court’s notice of trial); Bair v. Palm Beach Newspapers, Inc., 387 So. 2d 517 (Fla. 4th DCA 1980) (court’s order vacating original dismissal and parties’ stipulation to permit the filing of an amended complaint); Harris v. Winn-…
• Grooms v. Garcia, 482 So. 2d 407 (Fla. 2d DCA 1985)
  …of trial or hearing is sufficient action to avoid the effect of a motion to dismiss under rule 1.420(e). Adams Engineering Co. v. Construction Products Corp., 156 [*409] So. 2d 497 (Fla.1963); Thomas v. Personal Representative of Estate of DeLoach, 400 So. 2d 204 (Fla. 4th DCA 1981).3 We therefore reverse the trial court’s order dismissing this cause of action and remand for proper disposition on the merits. GRIMES, A.C.J., and FRANK, J., concur. . Counsel for appellant contended that he became ill shortl…
• Greenwell v. Cuiffo, 415 So. 2d 901 (Fla. 3d DCA 1982)
  …cause for lack of prosecution because we find that the filing of interrogatories and a notice of hearing were sufficient record activity to justify denial of the defendant’s motion to dismiss. Thomas v. Personal Representative of Estate of DeLoach, 400 So. 2d 204 (Fla. 1st DCA 1981); American Salvage and Jobbing Company, Inc. v. Salomon, 367 So. 2d 716 (Fla. 3d DCA 1979). Neither is there a finding in the order of dismissal that the plaintiff was willfully delaying prosecution of the matter so as to suppor…

Authorities Cited

• Fuse v. State, 384 So. 2d 57 (Fla. 4th DCA 1980)