CITY OF MADEIRA BEACH, FLORIDA, PETITIONER,
v.
JOSEPH W. HOGAN, RESPONDENT

Fla. 2d DCA | 1969-11-05
No. 69-282
LILES, Acting C. J., and PIERCE and MANN, JJ., concur.
227 So. 2d 548 Florida District Court of Appeal, Second District (1969) Caution
Cited by 20 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This court has heretofore treated the notice of appeal as a petition for writ of certiorari. We have reviewed the briefs and all papers filed in this matter and find that the circuit court, sitting as the appellate court, committed no reversible error. The writ of certiorari is therefore denied.

LILES, Acting C. J., and PIERCE and MANN, JJ., concur.


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  • F. M. C. Corp. v. Chatman, 368 So. 2d 1307 (Fla. 4th DCA 1979)
    …eason brought out in the affidavit, namely that the statute of limitations had run in the interim. We have every sympathy for such a dire happening, but are convinced that this is not the kind of good cause the rule envisages. Dade County v. Moreno, 227 So. 2d 548 (Fla.3d DCA 1969). To us, good cause must include contact with the opposing party and some form of excusable conduct or happening which arises other than by negligence or inattention to pleading deadlines. In the case before us there may have been e…
  • Chrysler Leasing Corp. v. Passacantilli, 259 So. 2d 1 (Fla. 1972)
    …ute. Sroczyk v. Fritz, 220 So. 2d 908 (Fla.1969); Barrentine v. Vulcan Materials Co., 216 So. 2d 57 (Fla.App. 1st, 1968); All State Building Materials, Inc., v. Peoples National Fund, Inc., 219 So. 2d 464 (Fla.App. 1st, 1969); Dade County v. Moreno, 227 So. 2d 548 (Fla.App. 3rd 1969). Turning to the issue presented, in our view neither the statute nor the rule contemplates that a party may show “prosecution” by filing a pleading after a motion to dismiss is made by the other side. See Leithauser v. Harrison,…
  • Douglas Slavin, M.D. v. Univ. OF Miami, Inc., 374 So. 2d 606 (Fla. 3d DCA 1979)
    …. 4th DCA 1977); Sainer Constructors, Inc. v. Pasco County School Board, 349 So. 2d 1212, 1214 (Fla. 2d DCA 1977); Waldman v. Frankel, 343 So. 2d 1325 (Fla. 3d DCA 1977); Steisel v. Birnholz, 313 So. 2d 125 (Fla. 3d DCA 1975); Dade County v. Moreno, 227 So. 2d 548 (Fla. 3d DCA 1969); Laug v. Murphy, 205 So. 2d 695 (Fla. 4th DCA 1968); Fort Walton Lumber & Supply So. v. Parish, 142 So. 2d 346, 348 (Fla. 1st DCA 1962).…

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