ROBERT DILLARD, APPELLANT,

v.

FIREMAN'S FUND INSURANCE COMPANY, ETC., APPELLEE

Citator

Cited By

• Berenyi v. Halifax Hosp. Med. Ctr., 498 So. 2d 655 (Fla. 5th DCA 1986)
  …xtend the one year period referred to in Rule 1.420(e) by an additional 45 days, the motions to dismiss for lack of prosecution were premature. However, we cannot agree that the order tolled the one year period. Appellants rely on Rudolph v. Chase, 468 So. 2d 494 (Fla. 5th DCA), pet. for rev. denied, American Home Assur. Co. v. Rudolph, 479 So. 2d 117 (Fla.1985) to support their position, but that case is completely distinguishable from this one. In Rudolph, the trial court abated the action and removed it f…
• Togo's Eatery OF Fla., Inc. v. Frohlich, 526 So. 2d 999 (Fla. 1st DCA 1988)
  …lable in those cases in which there has been a court ordered stay or an automatic stay, as in a bankruptcy proceeding. Personalized Air Conditioning, Inc. v. C.M. Systems of Pinellas County, Inc., 522 So. 2d 465 (Fla. 4th DCA 1988); Rudolf v. Chase, 468 So. 2d 494 (Fla. 4th DCA), review denied, 479 So. 2d 117 (Fla.1985); Bowman v. Peele, 413 So. 2d 90 (Fla.2d DCA 1982); DeLuca v. Harriman, 402 So. 2d 1205 (Fla. 2d DCA 1981), review denied, 412 So. 2d 465 (Fla.1982); Lowen Air Conditioning, Inc. v. Small, 397…
• Modellista de Europa (Corp.) v. Redpath Inv. Corp., 714 So. 2d 1098 (Fla. 4th DCA 1998)
  …(2) therefore, the order granting appellant thirty days to obtain new counsel was the functional equivalent of a thirty day abatement; (3) where a court’s order abates the action the one year period under Rule 1.420(e) is tolled. Rudolph, v. Chase, 468 So. 2d 494 (Fla. 5th DCA 1985); Togo’s Eatery of Florida, Inc. v. Frohlich, 526 So. 2d 999 (Fla. 1st DCA 1988). But Rudolph and Togo’s are clearly distinguishable because in each of them the court order expressly provided for the action to be abated. The order…

Authorities Cited

• Andrews v. Cont'l Ins. Co., 444 So. 2d 479 (Fla. 5th DCA 1984)