Miami Beach Awning Co. v. HEART OF CITY, INC.
Cases that cite this one
5 later published cases cite this decision.
- Moossun v. Orlando Regional Health Care (Fla. 2002)
- Freeman v. Toney (Fla. Dist. Ct. App. 1991)
- Moossun v. Orlando Regional Health Care (Fla. Dist. Ct. App. 2000)
- Samuels v. Palm Beach Motor Cars Limited by Simpson, Inc. (Fla. Dist. Ct. App. 1993)
- Fishbones-Sand Lake Road, Inc. v. Allen (Fla. 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
MIAMI BEACH AWNING CO., Appellant,
v.
HEART OF THE CITY, INC., et al., Appellees.
District Court of Appeal of Florida, Third District.
Gossett, McDonald, Gossett & Crawford, Lawrence P. Zolot, Hollywood, for appellant.
Anderson, Moss, Parks & Russo, Daniels and Hicks and Angela C. Flowers, Miami, for appellees.
Before SCHWARTZ, C.J., and LEVY and GERSTEN, JJ.
SCHWARTZ, Chief Judge.
We reverse the order dismissing this cause for lack of prosecution under Florida Rule of Civil Procedure 1.420(e) on the ground that the court's order setting the cause for a status conference was, almost by definition, reasonably calculated to advance the cause toward resolution. Gelb v. Miranda, 456 So.2d 548 (Fla. 3d DCA 1984); Strader v. Morrill, 360 So.2d 1137 (Fla. 1st DCA 1978); see also Overseas Dev., Inc. v. Amerifirst Federal Sav. & Loan Ass'n, 433 So.2d 587 (Fla. 3d DCA 1983); cf. Norflor Constr. Corp. v. City of Gainesville, 512 So.2d 266 (Fla. 1st DCA 1987), review denied, 520 So.2d 585 (Fla. 1988). Since that action, which thus constituted "record activity," occurred within a year prior to the appellees' motion to dismiss, the order of dismissal cannot stand. See Gelb v. Miranda, 456 So.2d at 548, and cases cited.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.