MIAMI BEACH AWNING CO., APPELLANT,
v.
HEART OF THE CITY, INC., ET AL., APPELLEES
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SCHWARTZ, Chief Judge.
We reverse the order dismissing this cause for lack 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 (Fla. 1st DCA 1987), review denied, 520 So. 2d 585 (Fla.1988). Since that action, which thus constituted “record activity,” occurred within a year prior to the appellees’ motion to dismiss, the order of dismissal cannot stand. See Gelb v. Miranda, 456 So. 2d at 548, and cases cited.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Samuels v. Palm Beach Motor Cars Ltd. BY Simpson, Inc., 618 So. 2d 310 (Fla. 4th DCA 1993)…oupled by the attendance of one or both parties at such a conference constitutes record activity sufficient to preclude dismissal under rule 1.420(e). The third district addressed this very issue in Miami Beach Awning Co. v. Heart of the City, Inc., 565 So. 2d 739 (Fla. 3d DCA 1990), holding that a trial court’s order setting a cause for status conference, almost by definition, is reasonably calculated to advance the cause toward resolution, thus is sufficient to preclude dismissal for lack of prosecution. Id…
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Moossun v. Orlando Reg'l Health Care, 826 So. 2d 945 (Fla. 2002)…ord activity, and some district courts have used this fact to distinguish Toney. Dr. Moossun cites Samuels v. Palm Beach Motor Cars Limited by Simpson, Inc., 618 So. 2d 310 (Fla. 4th DCA 1993), and Miami Beach Awning Co. v. Heart of the City, Inc., 565 So. 2d 739 (Fla. 3d DCA 1990). In Samuels the trial court ordered a status conference and when only the plaintiffs counsel appeared, the trial court entered a default judgment against the defendants. See Samuels, 618 So. 2d at 310. After a later hearing contes…1 / 3
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Nebuchadnezzar Freeman and Helen Freeman v. Toney, 591 So. 2d 200 (Fla. 4th DCA 1991)…ctivity, were not sufficient to avoid dismissal since they did not move the case forward toward disposition.” As pointed out by the majority, the most recent case emanates from the third district in Miami Beach Awning Co. v. Heart of the City Inc., 565 So. 2d 739, 739 (Fla. 3d DCA 1990), wherein that court concluded that “[t]he court’s order setting the cause for a status conference was, almost by definition, reasonably calculated to advance the cause toward resolution.” I believe the conclusion reached in…1 / 3
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- Norflor Constr. Corp. v. City OF Gainesville & CH2M Hill Se., Inc., 512 So. 2d 266 (Fla. 1st DCA 1987)
- Overseas Dev., Inc. v. Amerifirst Fed. Sav. & Loan Ass'n, 433 So. 2d 587 (Fla. 3d DCA 1983)
- Strader v. Thomas A. and Sarah S. Morrill, 360 So. 2d 1137 (Fla. 1st DCA 1978)
- Waldemar Morales v. State, 456 So. 2d 548 (Fla. 3d DCA 1984)
- Monroe Gelb and Carl A. Spatz v. Miranda, 456 So. 2d 548 (Fla. 3d DCA 1984)