GREGORY THOMAS TYSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• del Duca v. Anthony, 587 So. 2d 1306 (Fla. 1991)
  …ause may be dismissed for a lack of prosecution when discovery has been sought within the one-year period. Conflict exists with Karcher v. F.W. Schinz & Associates, 487 So. 2d 389 (Fla. 1st DCA 1986), and Philips v. Marshall Berwick Chevrolet, Inc., 467 So. 2d 1068 (Fla. 4th DCA 1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the decision of the district court in this case. The facts reflect that on June 22, 1979, Jacquelyn Anthony died in an automobile accident allegedly caused by Mich…
• Anthony v. Schmitt, 557 So. 2d 656 (Fla. 2d DCA 1990)
  …discretion to the trial court and creates a rule, the unpredictability of which is assured by the differences among judges.9 In contrast, the fourth district has attempted to create a “bright line rule.” Philips v. Marshall Berwick Chevrolet, Inc., 467 So. 2d 1068 (Fla. 4th DCA 1985). In Philips, the plaintiff’s only activity during the relevant year was a two-question set of interrogatories which asked basic, but relevant, questions concerning the litigation. The fourth district decided that the first distri…
• Q.I.P. Corp. v. Berger, 547 So. 2d 1286 (Fla. 4th DCA 1989)
  …2 (Fla. 1st DCA 1985). Generally, a trial court lacks the authority to dismiss for failure to prosecute where there is record activity within the one year immediately prior to the motion to dismiss. See Philips v. Marshall Berwick Chevrolet, Inc., 467 So. 2d 1068 (Fla. 4th DCA 1985); Bair v. Palm Beach Newspapers, Inc., 387 So. 2d 517 (Fla. 4th DCA 1980); American Salvage and Jobbing Co. v. Salomon, 367 So. 2d 716 (Fla. 3d DCA 1979). See also Fleming v. Barnett Bank of East Polk County, 490 So. 2d 126 (Fla.…

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Authorities Cited

• Clem v. State, 462 So. 2d 1134 (Fla. 4th DCA 1984)