JOHN COCOLLA, APPELLANT,

v.

CARMELINA COCOLLA, APPELLEE

Citator

Cited By

• Parker v. Gordon, 442 So. 2d 273 (Fla. 4th DCA 1983)
  …4th DCA 1981), “The one year period prescribed by Rule 1.420(e) is to be measured by calculating the time between the date of the last record activity and the date of the filing of the motion to dismiss.” Id. at 951. Accord Rivera v. A.M.I.F., Inc., 417 So. 2d 304 (Fla. 3d DCA 1982). Since in the instant case only twenty-two days elapsed between the filing of appellant’s amended complaint and appellees’ motion for dismissal, it is clear the court was in error. However, “[e]ven when based on erroneous reasoni…
• Glassalum Eng'g Corp. v. 392208 Ontario Ltd., 487 So. 2d 87 (Fla. 3d DCA 1986)
  …course, the dismissal. Because we have so clearly held that service of process upon a defendant before the filing of a motion to dismiss for failure to prosecute constitutes sufficient record activity to preclude dismissal, Rivera v. A.M.I.F., Inc., 417 So. 2d 304 (Fla. 3d DCA 1982); see also Fields v. Florida Farm Bureau Casualty Insurance Co., 449 So. 2d 972 (Fla. 5th DCA 1984), and because, with the advent of the 1977 amendment to Florida Rule of Civil Procedure 1.420(e), a trial court no longer has “inher…

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• Fields v. Fla. Farm Bureau Cas. Ins. Co., 449 So. 2d 972 (Fla. 5th DCA 1984)
  …prior to the motion to dismiss. Within the one year period before the motion to dismiss was filed, Fields perfected service of process on Florida Farm Bureau. Service of process upon a defendant constitutes record activity. Rivera v. A.M.I.F., Inc., 417 So. 2d 304 (Fla. 3d DCA 1982). REVERSED and REMANDED. ORFINGER, C.J., and COBB, J., concur.…

Authorities Cited

• Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)