T.M.R., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
T.M.R., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
446 So. 2d 126
Florida District Court of Appeal, Second District (1983)
Caution
Cited by 18 cases
Opinion of the Court
PER CURIAM.
After reviewing the briefs and record on appeal, we find that the appellant has failed to demonstrate any reversible error; therefore, the adjudication of delinquency is affirmed. However, that portion of the trial court’s order assessing the appellant court costs in the amount of $75.00 is stricken because the appellant was found insolvent by the trial court. Cox v. State, 334 So. 2d 568 (Fla.1976); Brown v. State, 445 So. 2d 686 (Fla. 2d DCA 1983).
BOARDMAN, A.C.J., and GRIMES and DANAHY, JJ., concur.
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BAY Park Towers Condo. Ass'n, Inc. v. Triple M. Roofing Corp., 55 So. 3d 591 (Fla. 3d DCA 2010)…, we reverse. Triple M. Roofing first points out that this is not a final, appealable order. Appellate courts have uniformly treated a dismissal for lack of prosecution as a final order for purposes of appeal. See, e.g., Fox v. Playa Del Sol Ass’n, 446 So. 2d 126, 126 n. 1 (Fla. 4th DCA 1983) Triple M. Roofing’s second argument, that the order of dismissal for failure to prosecute did not constitute an abuse of discretion because the case was dormant for more than one year, is totally fallacious. The case l…
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Miami Nat'l Bank v. Leo Greenfield, Leo Greenfield, P.A., 488 So. 2d 559 (Fla. 3d DCA 1986)…es an action for trial, it is the duty of the court to set the cause for trial and the court’s failure to do so precludes dismissal for failure to prosecute despite the lack of record activity during the ensuing one year. Fox v. Playa Del Sol Ass’n, 446 So. 2d 126 (Fla. 4th DCA), rev. dismissed, 443 So. 2d 980 (Fla.1983); Visuna v. Metropolitan Transit Authority, 353 So. 2d 183 (Fla. 3d DCA 1977); City of Miami v. Dade County, 321 So. 2d 140 (Fla.3d DCA 1975), cert. denied, 334 So. 2d 604 (Fla.1976). MNB had…
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Fishe & Kleeman, Inc. v. Aquarius Condo. Ass'n, Inc., 503 So. 2d 1272 (Fla. 4th DCA 1987)…ing the trial without either party filing any subsequent notices for trial. We agree that once a notice for trial has been filed, the trial court has the responsibility to enter an order setting the case for trial. Fox v. Playa Del Sol Association, 446 So. 2d 126 (Fla. 4th DCA), review dismissed, 443 So. 2d 980 (Fla.1983). The Fox court stated: After notice of trial, absent any other happening, the ball was in the court’s court and this precluded the dismissal for failure to prosecute despite the lack of re…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- COX v. State, 334 So. 2d 568 (Fla. 1976)
- Enter. Bldg. Corp. v. The Sch. Bd. OF Pinellas Cnty., 445 So. 2d 686 (Fla. 2d DCA 1984)