ALBERT E. MCCROAN, APPELLANT,

v.

SOUTHERN CULVERT, SELF-INSURED; BAYLY, MARTIN & FAY, INC., APPELLEES

Citator

Cited By

• Bank ONE, N.A. v. Harrod, 873 So. 2d 519 (Fla. 4th DCA 2004)
  …2, 456 (Fla. 2d DCA 2000). We observe that dismissal of this case cannot be upheld on the alternative ground of the one year delay in prosecution, since failure to prosecute permits only a dismissal without prejudice. See [*522] Cummings v. Dawson, 444 So. 2d 565 (Fla. 1st DCA 1984). Accordingly, we reverse the final judgment dismissing appellant’s case with prejudice and remand for further proceedings. On remand, the trial court may consider the imposition of other, lesser sanctions. REVERSED and REMANDED…
• Mancini v. Personalized AIR Conditioning & Heating, Inc., 702 So. 2d 1376 (Fla. 4th DCA 1997)
  …the notice provision of section 770.01 requires dismissal of the complaint for failure to state a cause of action. See Gifford v. Bruckner, 565 So. 2d 887 (Fla. 2d DCA 1990); Davies v. Bossert, 449 So. 2d 418 (Fla. 3d DCA 1984); Cummings v. Dawson, 444 So. 2d 565 (Fla. 1st DCA 1984). If section 770.01 applies, defendant is entitled to certio-rari relief from the trial court’s refusal to dismiss the complaint for the failure to meet this pre-suit requirement. See Bridges v. Williamson, 449 So. 2d 400 (Fla. 2d…
• Kamhi v. Waterview Towers Condo. Ass'n, Inc., 793 So. 2d 1033 (Fla. 4th DCA 2001)
  …determination of a prevailing party has been made.). Lastly, we affirm the dismissal of Kam-hi’s amended counterclaim with prejudice based on her failure to state a cause of action for injunctive relief based on harassment. See Cummings v. Dawson, 444 So. 2d 565 (Fla. 1st DCA 1984)(“actionable harassment” is a non-existent cause of action in Florida). Because we affirm the dismissal of Kamhi’s amended counterclaim, we likewise affirm Waterview’s award of attorney’s fees in defense of the amended counterclai…

Authorities Cited

• Swanigan v. Dobbs House & Am. Motorists Ins. Co., 442 So. 2d 1026 (Fla. 1st DCA 1983)