WALDEMAR MORALES, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Miami Beach Awning Co. v. Heart OF THE City, Inc., 565 So. 2d 739 (Fla. 3d DCA 1990)
  …ck of prosecution under Florida Rule of Civil Procedure 1.420(e) on the ground that the court’s order setting the cause for a status conference was, almost by definition, reasonably calculated to advance the cause toward resolution. Gelb v. Miranda, 456 So. 2d 548 (Fla. 3d DCA 1984); Strader v. Morrill, 360 So. 2d 1137 (Fla. 1st DCA 1978); see also Overseas Dev., Inc. v. Amerifirst Federal Sav. & Loan Ass ’n, 433 So. 2d 587 (Fla. 3d DCA 1983); cf. Norflor Constr. Corp. v. City of Gainesville, 512 So. 2d 266 (…
• Lemuel L. Cole v. Dep't OF Corr., 726 So. 2d 854 (Fla. 4th DCA 1999)
  …trict held that a notice of hearing also serves as sufficient activity to avoid the effect of a motion to dismiss under rule 1.420(e). See also Heinz v. Watson, 615 So. 2d 750, 753 (Fla. 5th DCA), rev. denied, 624 So. 2d 266 (1993); Gelb v. Miranda, 456 So. 2d 548, 549 (Fla. 3rd DCA 1984). In this case, appellant sent a letter to the judge requesting a hearing on the pending motions within one year prior to the filing of the motion to dismiss. This request constituted sufficient record activity, and as such,…
• Wilcox v. Morse, 693 So. 2d 91 (Fla. 2d DCA 1997)
  …eeding v. Yellow Cab Co., Inc., 505 So. 2d 655 (Fla. 2d DCA 1987)(both cases holding that a notice of hearing is sufficient record activity to preclude dismissal based on lack of prosecution). Other districts have held the same. In Gelb v. Miranda, 456 So. 2d 548 (Fla. 3d DCA 1984), the Third District held that a notice of hearing is sufficient record activity to defeat a motion for lack of prosecution. The Fifth District stated that a motion for mediation, standing alone, was not record activity implemented…

Authorities Cited

• Castor v. State, 365 So. 2d 701 (Fla. 1978)
• Sydney Adler v. Scott Elec. Co., 396 So. 2d 1160 (Fla. 2d DCA 1981)
• Daizi v. State, 396 So. 2d 1160 (Fla. 3d DCA 1981)