HOWARD LEE ZACHERY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Chemrock Corp. v. Tampa Elec. Co., 71 So. 3d 786 (Fla. 2011)
  …Fla. 1st DCA 2009). The district court certified that its decision is in direct conflict with the decisions of the Second District Court of Appeal in Pagan v. Facilicorp, Inc., 989 So. 2d 21 (Fla. 2d DCA 2008), and Edwards v. City of St. Petersburg, 961 So. 2d 1048 (Fla. 2d DCA 2007), and the Third District Court of Appeal in Padron v. Alonso, 970 So. 2d 399 (Fla. 3d DCA 2007). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. The conflict issue in this case involves the proper interpretation of Florid…

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• Weston TC LLLP v. CNDP Mktg. Inc., 66 So. 3d 370 (Fla. 4th DCA 2011)
  …ay the proceedings); Padron v. Alonso, 970 So. 2d 399 (Fla. 3d DCA 2007) (“at least one filing within sixty days of the notice of intent to dismiss for lack of prosecution,” but not specifying what kind of filing); Edwards v. City of St. Petersburg, 961 So. 2d 1048 (Fla. 2d DCA 2007) (“a motion for hearing and for witness attendance”). This court followed Edwards in Lingo Construction v. Pritts Inc., 990 So. 2d 705 (Fla. 4th DCA 2008); we held that a motion to set a date for arbitration, filed on the fifty-ni…
• Padron v. Alina T. Alonso, 970 So. 2d 399 (Fla. 3d DCA 2007)
  …f prosecution without prior notice to the claimant and adequate opportunity for the claimant to recommence prosecution of the action to avert dismissal.” Fla. R. Civ. P. 1.420(e), committee notes (2005 amend.); see Edwards v. City of St. Petersburg, 961 So. 2d 1048, 1049 (Fla. 2d DCA 2007) (confirming that the amended rule provides a sixty-day period in which a party may act to avoid a dismissal for failure to prosecute). In Wilson v. Salamon, 923 So. 2d 363 (Fla.2005), the Florida Supreme Court recognized a…

Authorities Cited

• Files v. State, 613 So. 2d 1301 (Fla. 1992)
• Tillman v. State, 522 So. 2d 14 (Fla. 1988)
• Files v. State, 586 So. 2d 352 (Fla. 1st DCA 1991)