CURRY CORPORATION, A NEW YORK CORPORATION, APPELLANT,
v.
ALEX GREENFIELD AND HELEN GREENFIELD, HIS WIFE, APPELLEES
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This appeal presents for review the correctness of a reinstatement order entered by the trial judge, after dismissal of the cause for lack of prosecution, pursuant to the provisions of Rule 1.420(e), Florida Rules of Civil Procedure, 30 F.S.A. We reverse upon the authority of State ex rel. Avery v. Williams, Fla.App.1969, 222 So.2d 477.
The plaintiff in the trial court neglected to show any cause prior to the hearing as to why the matter should not be dismissed. The attempt, after the order of dismissal, was both untimely and insufficient. Atlantic Coast Line R. Co. v. Hill, Fla.1955, 76 So.2d 861; Miller v. Hartley’s Inc., Fla. App.1957, 97 So.2d 211; Allen v. Gaither, Fla.App.1959, 112 So.2d 855; Barrentine v. Vulcan Materials Company, Fla.App. 1968, 216 So.2d 59; All State Building Materials, Inc., v. Peoples National Fund, Inc., Fla.App.1969, 219 So.2d 464.
Therefore, for the reasons above stated, the order of reinstatement here under review be and the same is hereby reversed, with directions to dismiss the complaint and the cause.
Reversed and remanded, with directions.
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Dutch Inns OF Am., Inc. v. Jenkins, 301 So. 2d 119 (Fla. 3d DCA 1974)…nt argues that as appellee’s complaint was only for an account stated, appellee cannot recover because no agreement as to the amount was proved. Appellant relies upon Recreation Corporation of America v. Jack Drury & Associates, Inc., Fla.App. 1970, 235 So. 2d 49. That case stands for the proposition that there can be no liability on an account stated if there has been no mutual agreement, and from this we infer that the account stated must be based upon prior dealings out of which the account arose. See Bra…
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van Gorder v. Blank (R) Constr. Corp., 341 So. 2d 1003 (Fla. 4th DCA 1976)…why the action should re [*1005] main pending at least five days before the hearing on the motion.” If appellants ever showed any cause in writing it was in their petition for rehearing, which showing comes too late. Curry Corporation v. Greenfield, 235 So. 2d 49 (Fla.3d DCA 1970). The appellants have failed to demonstrate error. The orders appealed from are therefore affirmed. MAGER, C. J., and CROSS, J., concur.…
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PAN Am. Bank OF Dade Cnty. v. Cont'l Cas. Co. & Advance Indus. Sec., Inc., 349 So. 2d 761 (Fla. 3d DCA 1977)…PER CURIAM. Affirmed. State v. Williams, 222 So. 2d 477 (Fla. 3rd D.C.A. 1969); Curry Corporation v. Greenfield, 235 So. 2d 49 (Fla. 3rd D.C.A. 1970); Nicholson v. Eli Lilly and Company, 285 So. 2d 648 (Fla. 3rd D.C.A. 1973); Van Gorder v. Blank (R) Construction Corporation, 341 So. 2d 1003 (Fla. 4th D.C.A. 1976).…
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- Lenore Miller v. Hartley's, Inc., 97 So. 2d 211 (Fla. 3d DCA 1957)
- Atl. Coast Line R.R. Co. v. Hill, 76 So. 2d 861 (Fla. 1955)
- Barrentine v. Vulcan Materials Co., 216 So. 2d 59 (Fla. 1st DCA 1968)
- Wilburn Combs v. Atl. Coast Line R.R. Co., 112 So. 2d 855 (Fla. 1st DCA 1959)
- Allen v. Gaither, 112 So. 2d 855 (Fla. 1st DCA 1959)
- State of Fla. ex rel. Fate Avery, Jr. v. The Honorable Gene Williams, 222 So. 2d 477 (Fla. 3d DCA 1969)
- ALL State Bldg. Materials, Inc. v. Peoples Nat'l Fund, Inc., 219 So. 2d 464 (Fla. 1st DCA 1969)