HENRY T. OGLE, AS TRUSTEE, APPELLANT,

v.

ARTHUR D. PEPIN ET AL., APPELLEES

Citator

Cited By

• Ogle v. Pepin, 273 So. 2d 391 (Fla. 1973)
  …t an appeal improvidently taken in this Court shall be treated under IHa.Stat. § 59.45, F.S.A., as a petition for writ of certiorari. Nevertheless, this procedure is unnecessary here because we have already denied a certiorari petition in this case. 257 So. 2d 562 (Fla.1972).…
• Carter v. DeCARION, 400 So. 2d 521 (Fla. 3d DCA 1981)
  …s 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 party is required to show either active prosecution wi…
• Togo's Eatery OF Fla., Inc. v. Frohlich, 526 So. 2d 999 (Fla. 1st DCA 1988)
  …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 Conditioning, Inc. v. C.M. Systems of Pinellas County,…

Authorities Cited

• Ogle v. Pepin, 253 So. 2d 270 (Fla. 4th DCA 1971)