JAMES A. COX III, A MINOR BY AND THROUGH HIS FATHER AND NEXT FRIEND, JAMES A. COX AND JAMES A. COX, INDIVIDUALLY, APPELLANTS,
v.
CHARLES SMITH, APPELLEE

Fla. 3d DCA | 1971-10-26
No. 71-338
Before SWANN, C. J., and PEARSON and CHARLES CARROLL, JJ.
253 So. 2d 712 Florida District Court of Appeal, Third District (1971) Negative Treatment
Cited by 17 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Tampa Electric Company v. Lariscy, Fla.App.1964, 166 So.2d 227; Maxymow v. Lake Maggiore Baptist Church, Fla.App.1968, 212 So.2d 792.


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  • Carter v. DeCARION, 400 So. 2d 521 (Fla. 3d DCA 1981)
    …n obtaining counsel. We disagree. Rule 1.420(e) is not self-executing. The rule requires the filing of a Motion to Dismiss or action by the court before a cause may be dismissed, Shalabey v. Memorial Hospital of the South Broward Hospital District, 253 So. 2d 712 (Fla. 4th DCA 1971), cert. denied, 257 So. 2d 562 (Fla.1972), and such action must be undertaken before there is any further prosecution of the cause, Pollack v. Pollock, 110 So. 2d 474 (Fla. 1st DCA), cert. denied, 116 So. 2d 761 (Fla.1959). A part…
  • Togo's Eatery OF Fla., Inc. v. Frohlich, 526 So. 2d 999 (Fla. 1st DCA 1988)
    …date of filing of the motion to dismiss. Konstand v. Bivens Center, Inc., 512 So. 2d 1148 (Fla. 1st DCA 1987); Ace Delivery Service, Inc. v. Pickett, 274 So. 2d 15 (Fla. 2d DCA 1973); Shalabey v. Memorial Hospital of South Broward Hospital District, 253 So. 2d 712 (Fla. 4th DCA 1971), cert. denied, 257 So. 2d 562 (Fla.1972). Dismissal for failure to prosecute is not available in those cases in which there has been a court ordered stay or an automatic stay, as in a bankruptcy proceeding. Personalized Air Cond…
  • …sit Authority v. Porter, 328 So. 2d 573 (Fla. 3d DCA 1976); Crouse-Hinds Co. v. Capellia, 302 So. 2d 800 (Fla. 4th DCA 1974); Karkeet v. Snyder, 275 So. 2d 302 (Fla. 3d DCA 1973); Shalabey v. Memorial Hospital of the South Broward Hospital District, 253 So. 2d 712, 715 (Fla. 4th DCA 1971). See also Little v. Sullivan, 173 So. 2d 135 (Fla.1965); Equity Capital Co. v. 601 West 26 Corp., 223 So. 2d 762 (Fla. 3d DCA 1969); Landfield v. Sherman, 201 So. 2d 819 (Fla. 4th DCA 1967). 2 St. Anne Airways Corp. v. Laro…

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