JORGE TEJEDA, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Chemrock Corp. v. Tampa Elec. Co., 71 So. 3d 786 (Fla. 2011)
  …record activity” — activity designed to hasten the case to a conclusion on the merits — and passive “record activity” — activity which had no effect on the case’s progress. Id. at 369; see also Diamond Drywall Sys., Inc. v. Mashan Contractors, Inc., 943 So. 2d 267, 269 (Fla. 3d DCA 2006). Therefore, at the time of Wilson, the only relevant consideration before a case could be dismissed under the Rule was the passage of time. Shortly after Wilson, the Supreme Court amended Rule 1.420(e) to its current version…
• Weston TC LLLP v. CNDP Mktg. Inc., 66 So. 3d 370 (Fla. 4th DCA 2011)
  …formly been interpreted to mean that any document appearing in the record within, one year prior to the filing of a motion to dismiss precludes the entry of dismissal for failure to prosecute.” Diamond Drywall Sys., Inc. v. Mashan Contractors, Inc., 943 So. 2d 267, 269 (Fla. 3d DCA 2006) (emphasis in original) (citations omitted) (holding that ex parte motions for a clerk’s default counted as record activity even though they were meritless).1 [*374] In three cases, the second and third districts have held tha…
• Padron v. Alina T. Alonso, 970 So. 2d 399 (Fla. 3d DCA 2007)
  …he Wilson bright line test”); [*401] Miami-Dade County v. Walker, 948 So. 2d 68, 70 (Fla. 3d DCA 2007) (observing that “based upon Wilson, that there was record activity precluding dismissal”); Diamond Drywall Sys., Inc. v. Mashan Contractors, Inc., 943 So. 2d 267, 269 (Fla. 3d DCA 2006) (concluding that “Wilson has uniformly been interpreted to mean that any document appearing in the record within one year prior to the filing of a motion to dismiss precludes the entry of dismissal for failure to prosecute” a…