Do Court Status Inquiries Constitute Activity Sufficient For Case Dismissal Under Florida Law?
Florida’s civil defense attorneys have long used Florida Rule of Civil Procedure 1.420(e) to have languishing plaintiffs’ cases dismissed. This valuable defense tool was recently sharpened by a Florida Supreme Court decision that further clarified the type of activity that would be deemed insufficient to preclude a dismissal of a case for failure to prosecute. On June 20, 2002, the question of whether a trial court’s order setting a case management conference constitutes sufficient activity to preclude a dismissal under Fla. R.C.P. 1.420(e) was heard by the Florida Supreme Court in Moossun v. Orlando Regional Health Care, 2002 Fla. LEXIS 1341, *1 (Fla. 2002). The matter was appealed after the Fifth District Court of Appeals affirmed the circuit court’s decision to dismiss the case for lack of prosecution. Florida Rule of Civil Procedure 1.420(e), entitled “Failure to Prosecute,” essentially provides that the court on its own motion or on that of any interested person, shall dismiss an
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- Do Court Status Inquiries Constitute Activity Sufficient For Case Dismissal Under Florida Law?
