MORRIS LEFKOWITZ, APPELLANT,

v.

CITY OF MIAMI, A MUNICIPAL CORPORATION, APPELLEE

Citator

Cited By

• 107 Grp., Inc. v. Gulf Coast Paving & Grading, Inc., 459 So. 2d 466 (Fla. 1st DCA 1984)
  …uary 14,1983 hearing, the stipulated statement as to what occurred at that hearing allows 107 Group the opportunity to meet its burden to show an abuse of discretion. The instant case is distinguishable from Metropolitan Transit Authority v. Kaneva, 351 So. 2d 748 (Fla. 3d DCA 1977), where appellant failed to meet its burden by not providing the appellate court with a record of the hearing on appellant’s motion to dismiss for failure to prosecute. Next, we consider whether interviewing witnesses and contacti…
• Ezell v. Century 21 OF THE Se., Inc., 615 So. 2d 273 (Fla. 5th DCA 1993)
  …transcript of the hearing, and thus, Ezell has failed to meet his burden of showing an abuse of discretion in the trial court’s finding. See Huertas v. Palm Beach County, 602 So. 2d 553, 554 (Fla. 4th DCA1992); Metropolitan Transit Auth. v. Kaneva, 351 So. 2d 748 (Fla. 3d DCA 1977). We find that the Del Duca test applies to Ezell’s motion for summary judgment in this case,3 and in the absence of a transcript, we are unable to find that the trial court abused its discretion. AFFIRMED. DIAMANTIS, J., concurs…
• Otero v. Gastroenterology Grp. of S. Fla., P.A., 710 So. 2d 148 (Fla. 3d DCA 1998)
  …dismissal and in the absence of any record evidence of good cause for appellants’ failure to prosecute this claim, we cannot conclude that the lower court’s dismissal of this ease was an abuse of discretion. See Metropolitan Transit Auth. v. Kaneva, 351 So. 2d 748, 748 (Fla. 3d DCA 1977). Affirmed.…

Authorities Cited

• Morris v. City OF Hialeah, 140 So. 2d 615 (Fla. 3d DCA 1962)
• Ammerman v. The Fla. Bd. OF Pharmacy, 174 So. 2d 425 (Fla. 3d DCA 1965)