ALVIN ROSE, APPELLANT,

v.

MARY CASSETTA, APPELLEE

Citator

Cited By

• Sarasota Cattle Co. & Charles E. Early v. Mikos, 431 So. 2d 260 (Fla. 2d DCA 1983)
  …quiring the court to set a cause for trial. Notwithstanding the subsequent adoption of Rule 1.440(c), the First District continued to adhere to its view in Brennan and Palat-ka. We disagree with that view. Appellee also cites us to Dashew v. Marks, 352 So. 2d 554 (Fla. 3d DCA 1977), in support of his argument. In that case record activity lapsed for over a year due to the trial court’s delay in entering a written order on certain motions filed in the cause. The Third District held that the trial court’s dela…
• Patton v. Kera Tech., Inc., 895 So. 2d 1175 (Fla. 5th DCA 2005)
  …. See Sewell Masonry Co. v. DCC Const. Inc., 862 So. 2d 893 (Fla. 5th DCA 2003) (noting that “it is not the duty of the trial judge to schedule hearings on motions for parties who do not themselves seek rulings on their pleadings”); Dashew v. Marks, 352 So. 2d 554 (Fla. 3d DCA 1977) (holding that the court’s failure to enter a written order on an oral decision did not relieve plaintiff of the duty to proceed and did not affect the defendant’s right to dismiss the case for lack of prosecution); Bakewell v. She…
• Miami Nat'l Bank v. Leo Greenfield, Leo Greenfield, P.A., 488 So. 2d 559 (Fla. 3d DCA 1986)
  …itten order disposing of defendants’ latest motion for leave to join an additional party defendant, in accordance with its oral pronouncement, dismissal for failure to prosecute was precluded. Again we agree. This court’s opinion in Dashew v. Marks, 352 So. 2d 554 (Fla. 3d DCA 1977) does not, as defendants suggest, dictate otherwise. In Dashew the complaint was ordered dismissed because plaintiff, “ ‘under the impression that the attorney for the defendant was to prepare (an) appropriate order’ for the court,…

Authorities Cited

• NIX v. Lake W. Koontz, 103 So. 2d 226 (Fla. 2d DCA 1958)