Peeples v. Carlton Palms Educational Center, Inc.

Fifth DCA

5th DCA, Judge Jay
3/3/23 Topics: Lack of Prosecution

Rule 1.420(e), Fla. R. Civ. P., (2022), allows courts to dismiss civil actions after providing notice of inactivity if there has been no record of activity for the 10 months preceding the notice. In this case, the lower court erred in dismissing the case because nine months and 11 days prior to the notice, the docket showed that there was an order of reassignment of a different judge to the case. The rule states that activity on the face of the record is the filing of any pleading, order of the court, or otherwise. Well, this was an order of the court. Even though the plaintiff had nothing to do with the order and the order had nothing to do with prosecuting the case, it was recorded activity, and the dismissal was reversed. 082022_i.pdf

Terry P. Roberts
Director of Appellate Practice Fischer Redavid PLLC
PDF Version

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